Legal Question in Wills and Trusts in Florida
There is a condo in Florida, Broward county, that is in my mothers name. She is deceased and my brother and myself want to put the property in our names to sell it. 1. do we need to put our names on the deed to be able to sell it? 2. Where do I start?
3 Answers from Attorneys
You need to see a probate attorney
You need to probate your Mom's Estate. In that process you can then file a motion to determine homestead if it was homestead at time of death and the property can be transferred out of the Estate by deed to you and your brother. You start with a probate attorney.
Because there is more than one heir, an attorney is required in the State of Florida. A probate attorney can research the deed and determine what needs to be done. If probate is needed, a Summary Administration (an abbreviated form of probate) can be done if your mother has been deceased for more than 2 years or if the estate is valued under a certain amount. There are several issues that need to be considered as well (e.g., taxes, if there is a mortgage on the property, etc.). I have handled many of these type of matters.
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