Legal Question in Wills and Trusts in Florida
dying will
two people want to give a house that was willed to them to someone else not in the will. Do you have to go through probate and does the house need to be caughrt up on payments to start the paperwork?
2 Answers from Attorneys
Re: dying will
The property will have to go through probate to properly change title. If the third person would be the next in line to take the house under the Will they could simply disclaim their interests and let the third person take. If that is not the case, then these two people would need to take title themselves under the Will and then transfer the property to the third person after they have title.
Re: dying will
The property will have to go through probate to properly change title. If the third person would be the next in line to take the house under the Will they could simply disclaim their interests and let the third person take. If that is not the case, then these two people would need to take title themselves under the Will and then transfer the property to the third person after they have title.
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