Legal Question in Wills and Trusts in Florida
My mother passed away last week in florida . she has no real assets except a financed vehicle, do i need to retain a probate attorney ? She has 2 checking accounts and a savings account that together have less than 1000.00 dollars . there is a mobile home with a mortgage that she wanted my brother to have and my sister and i agreed to that. do we need a lawyer
3 Answers from Attorneys
The short answer is yes it would be easier with an attorney. The checking and savings accounts can be transferred with a small estate as can the Estate. the mobile home, however, may require a full estate. Contact and attorney and discuss the details including value of the assets. Did your mother have a will? If not, the assets pass by intestate succession to all the heirs. You can transfer to each other as you see fit, but remember there may be tax consquences. This all assumes she passed without a spouse. My condolences on your loss.
There is processs in Florida for a small estate that does not require an attorney. You can find it if you look at Florida statute735.301. From your discription, you probably qualify.
If your mom died witout a will, you may just want to do a small summary administration. They are not that expensive to do andyes you will need an attorney for that.
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