I think the beneficiaries would agree on a realtor and each sign the realtor agreement then upon sell, the funds would be divided by the beneficiaries, is that right?
It would be better practice to have the trustee sell the property and then simply have the trust divide and distribute the proceeds upon sale. This would eliminate beneficiaries arguing and trying to control the process. This would also eliminate drafting of deeds and recording them with the recorder of deeds as this is an extra step. Get with a FL estates attorney before doing anything as there may be some specific Florida laws that may bear on this decision.
Hope this helps.
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If property has been distributed already, then the beneficiaries can sign Power of Attorney forms is it is practically difficult to have them all there to sign the sales documents. If the beneficiaries cannot agree, this could turn into a mess, however.
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Real Estate Attorney
As the other attorneys have indicated, the answer to your question depends on whether on not the property has been distributed out of the trust to the beneficiaries. There are many ways in which the legal mechanics of the sale can be handled. You major concern will not be the legal aspects of the sale, but getting all of the beneficiaries to agree on what to do. The interplay of trust law and real state law can be complicated. This should consult an experienced real estate lawyer in your area for help.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
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Estate Planning Attorney
Assuming the trust has proper title to the property the easiest way would be to sell the property in the trusts name and distribute the proceeds to the trust. The trustee or trustees would then take the cost of sale out and could distribute the remaining funds in the appropriate proportion to the beneficiaries.
This system would be the easiest in my opinion. That way all current expenses could be accounted for and credited amongst all the beneficiaries equally. It would also be fairly easy to track contributions to the trust to maintain the house before it is sold.
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1 lawyer agrees