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Q: selling real estate as part of an estate in Florida ( Answered,   2 Comments )
Subject: selling real estate as part of an estate in Florida
Category: Family and Home
Asked by: clhaley-ga
List Price: $50.00
Posted: 20 Dec 2005 19:31 PST
Expires: 19 Jan 2006 19:31 PST
Question ID: 608281
My father-in-law recently passed away(JUly, 2005) AND LEFT HIS THREE
EQUALLY. Two of the siblings live in different states and the third
was named the executor.  This person was disbarred a few years ago for
embezzling a clients trust fund and now he wants the other two to sign
a quitclaim deed in order to expedite the closing on the house.    My
husband has told him "no way".  Is this claim really necessary and
what recourse (protection) do the two other siblings have if he
decides to keep the entire amount of money garnered from the sale of
the house?
Subject: Re: selling real estate as part of an estate in Florida
Answered By: richard-ga on 17 Jan 2006 14:42 PST
Hello and thank you for your question.

The executor doesn't need a quitclaim deed from you, and you shouldn't
give him one.  Once he's appointed by the court, he has all the power
he needs to sell the property (in some cases with court approval).

His job as named executor in the will is to file the will in the
probate court and ask the court to appoint him as executor in
accordance with the decedent's wishes.  But part of that process
requires him to notify you as an interested party that he's doing

When you get that notice, you have 3 months to tell the court if you
object to his being appointed.
"(3)  Any interested person on whom a copy of the notice of
administration was served must object to the validity of the will, the
qualifications of the personal representative, venue, or jurisdiction
of the court by filing a petition or other pleading requesting relief
in accordance with the Florida Probate Rules within 3 months after the
date of service of a copy of the notice of administration on the
objecting person, or those objections are forever barred. The
appointment of a personal representative or a successor personal
representative shall not extend or renew the period for filing
objections under this section, unless a new will or codicil is

So whether or not you got the notice, it may not be too late for you
to tell the court of your concerns.  Depending how far from the court
you live, I'd start by phoning the clerk or visiting in person. 
Probate matters are usually quite informal so you could start on your
own but at some point you may need a local lawyer to help you.

You'll need to decide if you want to object to his being appointed
(even though it's in the will that doesn't mean the judge can't decide
otherwise).  At the minimum you should ask the court to require him to
post a bond which will protect you if he fails to share the proceeds
as he should (the estate will have to pay the cost of getting the bond
but it sounds like a good idea for you in this case).

"On petition by any interested person or on the court's own motion,
the court may waive the requirement of filing a bond, require a bond,
increase or decrease the bond, or require additional surety. ">2005->Ch0733->Section%20402#0733.402

Anyway, as to your specific question, the executor has the legal
authority to sell the whole property, and as a fiduciary he has to
share the proceeds with you if that's what the will requires.
Depending on what the will says, he might need to get the court to
approve the sale in advance, or more often the will allows him to sell
without court supervision but again he can't just take the proceeds
for himself.>2005->Ch0733->Section%20613#0733.613>2005->Ch0733->Section%20602#0733.602

So don't sign any quitclaim deed!

Thanks again for bringing us your question.

Search terms used:
Florida statutes

Google Answers Researcher
Subject: Re: selling real estate as part of an estate in Florida
From: myoarin-ga on 23 Dec 2005 13:51 PST
This is a free comment and not an "answer" to your question, which I
was hoping a G-A Researcher would have found by now, and maybe one
still will.  Only a Researcher  - those with blue user names -  can
post an official answer to a question.
This comment is also not professional or legal advice, as you can read
in the disclaimer below.

There have been three earlier questions of a similar nature about
estates in Florida:

It appears from the first link that an executor  - "personal
representative" in Florida law -  who is also one of two or more heirs
must hire a state lawyer.  The other two links are not so absolute on
this point.
Until a Researcher answers, you may want to peruse these answers and
the links, perhaps especially the second one in the comment to the
third question about the situation if the Personal Representative
fails to perform.

I am sure that a Researcher can address your question more directly,
but since one has not yet, and it is unlikely that one will in the
next couple of days, I hope they will forgive me for horning in on
question that rates a direct answer.

Good luck and Happy Holidays, Myoarin
Subject: Re: selling real estate as part of an estate in Florida
From: myoarin-ga on 17 Jan 2006 15:37 PST
Good answer  - of course.
If the brother-in-law is disbarred, he obviously has some legal savvy
and is an untrustworthy character.  His asking for quitclaim deeds,
knowing they are unnecessary, suggests to me that he may want to
circumvent the court or do something else fishy.
If the siblings quitclaim their interests, it would appear that they
are turning over their rights to an interest in the proceeds of the

Your husband should indeed immediately find out the status of the probate.
If it turns out that the 3 month period to object to the appointment
has expired, maybe  - I am NO lawyer -  it would be an idea to let him
send the quitclaim deed to be signed and use this as evidence of his
being unfit to execute the will.
The siblings need a lawyer for sure if they have not received notice of probate.

Federal estate tax is normally due nine months after date of death,
which B-i-L also knows.  IF the proceeds from the house are necessary
to pay the tax, maybe there can be a delay.  But under the
circumstances, it would seem unlikely that probate has not be filed.

Enough second guessing.  Hope I am wrong.
Good luck, Myoarin

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