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in the middle of dealing with probate in florida , selling my house today and being told i have to wait?
Question : in the middle of dealing with probate in florida , selling my house today and being told i have to wait?
after 8 months after my father passed away ( i’m 22 , i’ll be 23 this friday) , i’m still dealing with a slow lawyer on probate. he left me everything , there was no will , but by law everything was given to me , anyways. the house is free and clear of everything , its being closed today on a cash offer deal , but now after knowning this for a month my lawyer is telling me i have to wait 2 more weeks to close the deal on the estate , when i was told a month ago , that since the house is free and clear of any taxes , loans , or morgage i could sell the house once it was legaly in my name.. and it has been for 8 months now…
so my questions is …CAN I CLOSE THE DEAL ON MY HOUSE TODAY AND JUST DEAL WITH THE REST OF THE PROBATE , BECUASE THE HOUSE IS FREE AND CLEAR I DON’T UNDERSTAND WHY I HAVE TO WAIT?
florida probate lawyer
Best answer:
Answer by src50
You have a lawyer – ask and take his/her advice. Would you rather take “legal advice” from Yahoo Answers?
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#2 written by Expert Realtor 1 year ago
The legal action of probate halts any transfer of property, so you will not be able to sell the house until probate is over…the closing attorney cannot legally make the transfer and that will be discovered when they attempt to record the Deed…and the sellers can sue you if you knew of that and did not disclose that fact.
You can possible work out a rental arrangement for the two months and permit them to move in (no law says you can’t rent the place), and then close in two months…that should solve your problem…but don’t do this without an attorney and a contract.
This is not your attorney’s fault…this is an operation of law and he has properly advised you probate in most states is 12 months without a will…you WILL get everything, but if there was a will, you could have possibly skipped probate.
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#3 written by estielmo 1 year ago
My question is why you need a lawyer to do anything. Didn’t mom’s tax adviser have her set the title up for a seamless, tax-free transition?
In any event, what reason does this useless lawyer say is the exact reason? You are listening to people you don’t seem to trust. If the house isn’t yours you won’t be able to close, if it’s yours you can do it legally, anyway.
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#4 written by Bubbles 1 year ago
I am sure the lawyer is telling you to wait for a reason. Perhaps the title isn’t back from the title company yet? Which means the house is not free and clear until that second you have that paper. I would ask him for details but I would follow the advice of the person you are paying. Besides- what is 2 weeks in the scheme of things. I have been trying to settle on a house for 6 months that was clear and free of everything until something unforeseen showed up on the title.
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In Florida title companies and lawyers are used to close real estate transactions. They will not close it if everything is not legit. I would ask the title company or the attorney closing the transaction for a second opinion.