Legal Question in Wills and Trusts in Florida
My mother died in 2012 without a will. She left behind a home which I currently live in. The first lien holder has sent me a letter stating they are removing the lien from the home and I haven't heard anything from the 2nd lien holder. My question is would my brother and I be able to sell the home without it going through probate by using a quit claim deed?
3 Answers from Attorneys
If the present recorded deed is in only your mother's name, probate is required. A
quit claim deed cannot transfer property between a deceased person and others
without probate administration. If the home was her homestead and their were not
other assets of more than $75k, Summary Probate Administration could be
filed.
and the liens will have to be removed of recording.
If you need assistance, please contact my office for an appointment. 904-997-1031
Related Questions & Answers
-
What make a last will and testimate legal in florida? Asked 2/19/13, 8:08 pm in United States Florida Probate, Trusts, Wills & Estates