Legal Question in Wills and Trusts in Florida

estate law

My mom passed away 13 years ago. She was 50% owner of a piece of property(worth about $50k), My siblings and I were titled to the other 50% due to a divorce and my fathers passing). Does this need to go thru probate or can we just put in for a change of the title, because she was not the sole owner? It is located in Fl.


Asked on 3/10/09, 3:16 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: estate law

If she owned it as a joint tennant with right of survivorshipo then title would pass without the need of opening probate.

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Answered on 3/10/09, 3:32 pm
David Slater David P. Slater, Esq.

Re: estate law

It would depend on how the property was titled in the deed.

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Answered on 3/10/09, 3:34 pm
Frank J. Pyle Probate Attorney Throughout Florida

Re: estate law

You will have to run it through a simplified probate - Summary Probate - in the Florida county where she resided, or if not a Florida resident, then in the county where the property is located. It should cost no more than $1000 including all court costs.

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Answered on 3/10/09, 10:07 pm


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