Probate question and it's consequences

[Judyrenee]

What is the name of your state? Florida

My father passed away in April, 2003. My sister is the Attorney in Fact and I am listed a alternate POA. Our mother has Alzheimer's Disease and we kept her in her condo in Florida with 24/7 care. She is now nearly out of her reserves and we wanted to sell her condo and place her in assisted living near me in Louisiana. Here is the first question:
When I was on line, I noticed an issue> My father's will in court records shows a probate filed in May 2003, and it reads the status as "open". What would this mean? Does this mean that the condo cannot be sold? Is there something that we are supposed to do to make it "closed?"

 

[Dandy Don]

You say it's HER condo, but is that what the title/deed says?

If you and your sister don't know anything about the other probate filing, then you need to be going down to the courthouse and see exactly who did it and what other information is in the probate file.

DANDY DON IN OKLAHOMA ([email protected])

 

[BlondiePB]

What is the name of your state? Florida

My father passed away in April, 2003. My sister is the Attorney in Fact and I am listed a alternate POA. Our mother has Alzheimer's Disease and we kept her in her condo in Florida with 24/7 care. She is now nearly out of her reserves and we wanted to sell her condo and place her in assisted living near me in Louisiana. Here is the first question:
When I was on line, I noticed an issue> My father's will in court records shows a probate filed in May 2003, and it reads the status as "open". What would this mean? Does this mean that the condo cannot be sold? Is there something that we are supposed to do to make it "closed?"

I read all your threads. You need to call the courthouse in FL and have a copy of the entire probate case sent to you. It will cost a nominal fee. As for acquiring a mortgage using a POA, third parties do not have to accept a POA. It may be very difficult to acquire a mortgage in your mother's name with the POA.

Since you are in LA and your sister is in HI, it would be best to sell the condo and pay off the lien on it from your deceased father. Should something happen to the condo when it is vacant (like a break-in or a hurricane, etc.), the insurance company will not cover it. You also need to determine exactly how the deed to the condo is titled.