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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55711
Experience:  29 years of experience practicing law, including tax and estate planning.
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I am the personal representative dad's Florida estate which

Customer Question

I am the personal representative for my dad's Florida estate which is in probate. Permission was granted by the court to sell. Title company said closing only required my signature since I am personal representative and court ordered. Days after the closing, I noticed a mistake on the title commitment requiring my brother (who is an heir) needed to provide conveyance of the land. This creates a defect in the title. The closing agent was notified by the seller (me) who noticed the error and asked to fix it. He realizes it was there mistake, but the buyers need to contact the title insurance company to fix it. I don't know if they are aware of the problem. I have been told I did everything right, it's not my problem to fix, and advised I shouldn't contact them. I assured the buyers during negotiations that there would not be a problem with clear title. The only fix the title agent offered was to provide a quit claim deed from my brother. This creates another problem, in that, my brother is not incarcerated but is waiting to stand trial, but has been declared physically and mentally unable to stand trial at this time (incompetent). What should I legally do? Should I be able to contact the buyers? Is there a time limit to fix this?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Richard replied 2 years ago.

Good morning. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? Is your brother on the title in some way? Or, is he just an heir to the estate? Thanks.

Customer: replied 2 years ago.
I didn't receive an answer,even after giving additional info.
Expert:  Richard replied 2 years ago.

Hi there. I'm looking at the thread on my screen and I don't see any response providing additional information. I'll be happy to respond if you would be so kind as to re-post your response. Thanks for your patience and I apologize for any inconvenience! Richard