Palm Bay, FL asked in Probate for Florida

Q: My older sister didn't execute the will house involed in pre forclosure. Supposed to be split with 6 kids

She is supposed to sell the home and then split it between us but she says because the house is in pre-foreclosure she's not going to execute the will is that fair to any of us I thought in the state of Florida you have to execute the will within 10 days

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2 Lawyer Answers
Thomas Tripp
Thomas Tripp
Answered
  • Probate Lawyer
  • Pinellas Park, FL
  • Licensed in Florida

A: Sounds like you mean file the Will, which is supposed to be done within 10 days. If she is named as personal representative she should contact a lawyer in the County where the decedent passed immediately - if she doesn’t the heirs should.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: This appears to be a duplicate or similar question to others posted via this site.

In Short, any heir can start a probate. The question is whether it is feasible or financially worth doing if the estate property is already in foreclosure. Consult with a probate attorney in your area.

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