Legal Question in Wills and Trusts in Florida
Claiming real estate without a will
When my mother died she still owned the house that she and my father bought during their marriage. The house was given to her by my father during their divorce some time ago. My mother had remarried some years before she died. Upon her death we discovered she did not have a will in place. I was told that because there was no will and because the house was non communal property between my mother and my step father that ownership of the house would be handed to the next of kin. Distribution would be one half to my step father, one quarter to me and one quarter to my sister. How do we go about claiming our half of the house and property so that it�s not sold out from under us.
2 Answers from Attorneys
The estate must go through probate.
You must file the estate through probate - you can do a simple summary administration.
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