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Short selling house when the owner is dead.

Miami, FL |

If the owner of a house died intestate and his only heir (daughter) lives in another country, will the daughter be able to short sale the father's house? What does she need to file with probate court in order to start the short sale process? Thank you

Attorney Answers 4

  1. Unless the daughter has been appointed personal representative, she does not have the authority to sign the deed to sell the house.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button

  2. Who wants to do this? Why would the daughter want to do this? She would need to file a formal probate, depending upon the size of the estate. Sounds to me like a realtor or perhaps an investor or both want to grab the property.

    R. Jason de Groot, Esq., 386-337-8239

  3. The daughter would need a certified copy of the death certificate and a probate estate opened in order to have the authority to sign a contract. The probate judge will also probably require her to obtain a personal representative's bond as well. I agree with my colleagues and question why she would do this. It would be worth the daughters time and money to consult with a probate attorney to evaluate her mother's estate and any potential creditors.

  4. She needs a letter of administration from the probate court.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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