Legal Question in Wills and Trusts in Florida
my mom passed away 4 years ago and did not leave a will. She was 1/2 owner on her brothers home which my aunt takes care of. They want to sell it, but want me to sign a joinder, waiver and consent which shows probate for my mom. I don't mind signing over rights but will signing this form, open a probate for the estate of and in turn be open for other people to file on behalf of her probate?
2 Answers from Attorneys
Not sure I understand. You are giving them your mother's share of the house? Unless they were joint owners with right of survivorship, your mother's estate must go to probate.
Because your mother has been deceased for over 2 years, you can Petition for Summary Administration (a less formal and less expensive form of probate administration). This will need to be done before the house can be sold. This is a fairly common issue and can usually be resolved fairly quickly.
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