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

Q: As a personal rep in FL am I able to sell a homestead property with a reverse mortgage if one of the heirs lives oversea

And is unable to be found( presumed dead) and the other also lives overseas but refuses to sign any documents?

1 Lawyer Answer
Sherri B. Simpson
Sherri B. Simpson
  • Foreclosure Defense Lawyer
  • Sunrise, FL
  • Licensed in Florida

A: That is certainly not a simple question to answer and without more facts, I would be unable to do so with any certainty. I assume you have filed a probate action? I have handled both probate and guardianship cases and you always need a court order to sell an asset of the estate and if the property is determined to be outside of the estate (e.g. homestead) then your safest bet is to obtain a court order allowing you to sell and directing where the proceeds of sale go. With a final, non-appealable court order you are protected but without one you may not be.

Anthony M. Avery agrees with this answer

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