Legal Question in Wills and Trusts in Florida

mother passed ...probate?real estate to sell?

mother passed. has manufactured home in 55+ community. owes mortgage 12,000 + but does not own the lot pays monthly rent on it. only three heirs ( children over 18) we have been told we can avoid probate if we get the home in our name and how difficult would that be? her funds are depleting quickly...we of course would like to be able to sell the florida home. any direction would be helpful. just received death certificates so nothing has been filed with clerk. not sure if I should put this under real estate help or probate. thank you.


Asked on 6/16/08, 9:16 pm

2 Answers from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: mother passed ...probate?real estate to sell?

I don't see how you can avoid probate. However, you should be able to go with a Summary Probate. That is cheaper and much quicker than the full probate. Assuming no other facts, it should cost no more than $1,000, including filing fees.

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Answered on 6/17/08, 9:48 am
Betty Blanco Blanco De Vera LLC

Re: mother passed ...probate?real estate to sell?

This property cannot pass to you without probate. You need to file a probate case. If you need further assistance contact us.

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Answered on 6/16/08, 9:26 pm


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