Legal Question in Wills and Trusts in Florida

About 6 years ago my father passed away (mother had passed previously) and i was the executor of the estate. many months after all the affairs were settled i discovered the deed to a niche in a crematorium in his name. it's worth at least $1500 so i would like to sell it. however, the deed is in his name. how do i pursue claiming this as an inheritance (his will left everything to me) so i can get the title changed and sell it? or is there another approach to take?

thanks very much


Asked on 2/14/10, 8:25 am

1 Answer from Attorneys

My answer is based on the assumption that the property is located in Florida. Chances are you will need to reopen probate, but it will depend how the deed is titled. If probate is needed and it was never opened, you can use Summary Administration since it has been more than 2 years since your father passed away. Something to consider, however, is the cost. Summary Administration generally runs around $800 - $1,200. If you had an attorney handle the probate 6 years ago, I would suggest try contacting that attorney assist you. Otherwise, I recommend consulting with a probate attorney in your area.

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Answered on 2/19/10, 3:05 pm


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