Zephyrhills, FL asked in Estate Planning, Real Estate Law and Probate for Florida

Q: if 4 heirs agree to sign affidavits to give a house to 1 heir can the court make them sell the house at market value?

same question concerning a truck. Initally the estate lawyer said everyone could sign over their portions to 1 heir but now they are saying that even tho everyone is in agreement that the court is saying we have to sell at market value. Is that correct since everyone is in agreement?

1 Lawyer Answer
Justin  Stivers
Justin Stivers
  • Estate Planning Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: If I understand you correctly, there are a total of four heirs who are going to receive a home from a probate estate. Three of the heirs want to give the home to one of the heirs. Assuming that is correct, then no, I don't believe a judge would require you to sell the house a fair market value. You would have the heirs sign waivers and then put in the Petition to Determine Homestead or the Petition to Transfer Real Property that three of the heirs are assigning their rights to the one heir. This should not be an issue.

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