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Updated about 14 years ago,

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3
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Pop Quiz! Probate

Account Closed
Posted

Hey folks,

First and foremost, I have been a lurker for about a year now to these forums and have valued everybody's take on real estate. Thank you all!

I however have came across a problem with an heir (PR) who's father has just recently died (she wants to sell her father's house and move on).

She claims that her probate attorney did not file a Notice To Creditors until just recently and says she can not sell the house until March (I'm assuming 90 days from the filing).

Now, I dug up this at my states' BAR website (Florida):

"The legitimate debts of the decedent, specifically including proper claims, taxes, and expenses of the administration of the decedent’s probate estate, must be paid before making distributions to the decedent’s beneficiaries. The Court will require the personal representative to file a report to advise of any claims filed in the probate estate, and will not permit the probate estate to be closed unless those claims have been paid or otherwise disposed of."

Now, my 'pop' question for all you guys is can I have her (the personal representative) sign a P&S agreement with me (to tie up the property) prior to the estate being settled through probate and set a closing date 90 days from when the Notice To Creditors being filed or do I have to wait?

Thanks again!

-Ben