Legal Question in Wills and Trusts in Florida

my mother and father owned a piece of real estate. my dad passed away more that 4 yrs. my mom passed away just over two years. the real estate is left solely to me. i want to sell. do i have to still probate the will? i live in florida.


Asked on 8/17/10, 7:47 am

1 Answer from Attorneys

Unfortunately, according to what you are saying, yes. Since both have passed away over 2 years ago, the procedure should be a bit easier and faster, but it needs to be done in the Florida county your mother resided in. If your mother was not a Florida resident, then it would be in the county where the property is located.

At minimum it would be a Summary Administration, but if it was their homestead, then a Petition for Homestead Status is also needed. You will need an attorney to do this.

If I can be of help, let me know. 954-752-1732.

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Answered on 8/22/10, 8:05 am


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