Legal Question in Wills and Trusts in California

Real Prop.Intestate Succession in Fla.

Without a will can my Mother be forced to move out of the house? And, if so what kind of time frame are we talking about? Is there anything we should/could do in FL to try to ensure she does not lose the house?

If an unmarried California resident dies without a will leaving real property in Florida, it passes by the Intestate Succession laws of the State of Florida (F.S. 732.103{2}). It first goes down to any children or grandchildren, and if none, then it does up to parents or the survivor. Your mother will inherit the home and probably any California property. She should hire an attorney and immediately commenced probate proceedings. As your brother was a California resident she will likely need to start a probate in California if he owned property there. Then an ancillary administration would be necessary in Florida to clear the title to the home. If you brother owned no property in California, then proceedings could be started in Florida.

You or your mother should immediately contact a Florida attorney.

I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.

Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.