Legal Question in Wills and Trusts in Florida
afraid of probate
My parents made a will leaving their house to my sister and me. I am afraid of probate costs and how this will may affect me financially.
The house is paid in full. Once my parents are gone, can my sister and me change the house title to both our names without going thru probate ? In order to sell the house, do we need to go thru probate first ?
1 Answer from Attorneys
Re: afraid of probate
Based on the information provided, you should be aware that if, at the time of your mother's death, title to the house is only in her name, probate will be required in order to dispose of the property or transfer it to another. Probate, which also may apply to other property of your mother, could be avoided by transfer of the property before death to others such as yourself, your sister, and your mother, as joint owners, or by placing the property in a living (revocable) trust which provides for disposition upon death. There are other options. Probate does involve a cost and several months as a minimum, but sometimes person elect probate rather than the alternatives. You are advised to discuss these and other options with an attorney with experience in these matters.