Legal Question in Wills and Trusts in Florida

Re: Changing deed after death

It will require probate to show the passing of title to the children. If he had no outstanding creditors, you should be able to handle it through a Summary Probate/Determination Of Homestatead action. The cost should not exceed $1000, including all court costs, and it can be handled by any Florida attorney who does this type of work. If you have to sell it right away, it would require going the formal probate route, which is considerably more expensive.

Re: Changing deed after death

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes. The only way to transfer the title would be to open a probate and have the property either declared his homestead and then distributed according to law or to have the court distribute the property through the estate.

Scott R. Jay, Esq.