Legal Question in Wills and Trusts in Florida
Mother died w/ no will owning land in Florida.
My mother died in June living in MI. She has no estate or assets other than a small piece of property in Citris Spring FL. She had no will and her name was the only one on the title. Where dose this piece of property have to be probated and whom are we obligated to notify of this property. Does probate automatically notify creditors? I am not certain where to begin. The original purchase agreement names me as sole survivor as does the original inscurace policy. However, the property was purchased in 1970 and was re-titled in 1978 which only has her name on it. All of these documents have her last name from a different marriage ( I am not sure if this makes a difference). Any help you can offer would be appreciated.
4 Answers from Attorneys
Re: Mother died w/ no will owning land in Florida.
The estate may be probated in Michigan. For more info., please contact my office at (248)851-3171.
Re: Mother died w/ no will owning land in Florida.
Hello, I have received a copy of your posting regarding your mother's property in Florida. You have the worst of two worlds, although it is better than it used to be.
You have to go to Court in both Michigan and Florida. You first need to go to Court in Michigan because that is your mother's state of residence. You start in the state of residence. The Michigan court will appoint someone (you?) to be the Personal Representative of your mother's estate.
Then, as Personal Representative you have authority to start what is called an "Ancillary Proceeding in Florida. This means that you get someone appointed in the Florida Court to handle the transfer of title to you. Then you close the Florida case. Finally, you close the Michigan case. Good Luck.
John C. Talpos (http://www.Mich-Lawyer.com)
525 E. Big Beaver, Ste. 250
Troy, MI 48083
(248) 743-6800
Re: Mother died w/ no will owning land in Florida.
I am sorry to hear about the passing of your mother. To answer your questions, if the only asset left is the property in Florida, there should not be a need to file probate in Michigan as indicated by the previous respondent. Since the property is located in Florida, you should file a Petition to probate the property. If the property is valued under $75,000 you can file for Summary Administration (a quicker and less expensive form of probate). You will need to file a Certified Death Certificate, the Petition, and an Affidavit of Heirs. A Notice will need to be served directly to any known Creditors.
You need not appear in Florida and can work with an attorney to do the filings for you. Should you have further questions or require assistance with this matter, please feel free to contact me directly via email or phone at (407) 353-4728.
Re: Mother died w/ no will owning land in Florida.
If there was no will, and there was no surviving spouse, then the property passes in equal shares to the children. You will need to open probate inorder to sell the property or transfer title to the heir(s). Probate papers should be filed in the Florida county where the land is located.
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