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

Q: can i sell the land of a deceased relative in florida

I have two siblings and my sister died owning land. I want to sell it.

3 Lawyer Answers
Jacqueline Alicia Salcines
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A: Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc. Consult today so we can pull the deed and advised.

Phillip William Gunthert agrees with this answer

A: Maybe, probably not. If the property is in your sister's name alone, then some version of probate will be required and for this you will need a probate attorney. Your starting point is to have the current deed reviewed to see if there are any survivorship interests or other joint ownership interests, if there are none, then you will want to look any Will, if there is one or any other estate planning (Trust). Also, is there a surviving spouse or any children under the age of 18, as this will matter. It is likely you need a probate attorney in the State where this land is located in order to eventually be able to sell it. I am very sorry for your loss on the passing of your sister, please accept my condolences for you and your family at this sad time.

A: I am very sorry for your loss. If title to the property was in your sister's name alone, then a probate would be required in order to sell the property. If your sister was not married and did not leave minor children, then the property would pass to the beneficiaries under her will or to her heirs if she did not have a will.

Terrence H Thorgaard agrees with this answer

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