Why You Should Work with an Attorney When Selling Your Parents’ Florida House
It’s a situation many adult children find themselves in, especially here in Florida. Their parents pass away, leaving behind a home that was still in their name. The question becomes: what do we do with the house?
It is important to understand that this is not as simple as transferring ownership into your name (if you are the child of the deceased) and then selling it from there. In fact, doing so could result in negative consequences.
The issue of disclosures
When selling a home, the seller would normally be required to disclose everything about the property that could negatively impact its value in the eyes of the buyer. However, an exception exists when it comes to properties being sold as part of an estate sale. Buyers in these circumstances are purchasing the home as is, and the normal disclosure rule does not apply.
If you were to transfer ownership of the home to your name, however, you would assume responsibility for making these disclosures. If you don’t have to do that, you should avoid it at all costs.
Before you open probate, you should put a hold on the sale of the property until you consult a probate administration attorney, who will help you become appointed as the executor of your parents’ estate. That will give you the legal authority to sell the house.
As you can see, selling a parent’s home in Florida is not quite as simple as it may seem. To make sure you are moving forward in a way that protects the best interests of you and your loved one, work with an experienced probate attorney at the Charles Law Offices.