Legal Question in Wills and Trusts in Florida
When my mother dies she has willed her house to me. Do I still pay probate? State FL.
4 Answers from Attorneys
There is no inheritance or estate tax in Florida. The Federal Tax is up in the air currently, there is none for 2010. But next year it may revert to earlier tax levels.
Unless you assist her in doing proper estate planning now the house and other personal property will have to go through probate in Florida to transfer it to you .This would involve court filing fees ,costs, and attorneys fees to name a few expenses.I practice law in this area statewide through my website at ww.FloridaLegalServicesOnline.com as well as in person,by telephone, and e-mail to assist clients conveniently.If you need assistance feel free to contact me.
Probate is needed. Think of probate as a typical residential real estate closing.
I am sorry for your loss. While there is no estate tax this year, you must administer the estate in the probate court of the county where your mother resided. That is the only way to transfer the home to you. I have a blog post on Probate basics on my website www.floridawillmaker.com. I hope this information is helpful. Regards,