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SELLING A DECEASED RELATIVE'S HOUSE
What happens when a home is left to a child or other relative of a deceased parent or uncle or aunt or grandparent? Who owns the house? Can the house be sold? Can the relative use it as their own? These issues are always present. The primary part of the issue that most people do not understand is the issue of ownership. When an owner dies and there is a Last Will and Testament, just being named as the successor heir to the house does not transfer the title to the house. If the house is to be sold - who sells it? More specifically, who has the "legal capacity and authority" to sell the house? #1 - You need someone legally authorized to sell a house and sign the deed of transfer to the buyer. Unless the house was in a trust and the trustee is alive, or the ownership of the house was in joint tenants or a life estate and there is a surviving joint tenant or remainderman, the estate of the decedent will have to be probated. The probate (also known as the administration of the estate) usually requires an attorney. In Florida the estate would need to go ... more
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