Legal Question in Wills and Trusts in Florida

Both of my parents are deceased and they did not have a will. I have recently paid the balance on their mortgage. What is the procedure for putting the the home in my name and my siblings?


Asked on 8/29/11, 1:54 pm

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

According to the statute the property has passed to you and the siblings equally. Normally you would have done a summary administration with petition for homestead giving the property equally to all of you.

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Answered on 8/29/11, 2:21 pm
Sanford M. Martin Sanford M. Martin, P.A.

If only your grandparents' names were on the subject deed, the matter must be resolved in local probate court. With information about other estate property, expenses of the estate, surviving family, and related information, you can discuss the appropriate procedure with someone experienced in probate law.

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Answered on 8/29/11, 3:08 pm

You have to create some type of probate proceeding (Summary or Formal), and include a Petition to Declare the Property Homestead. The Court will issue out a Order declaring the owners.

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Answered on 8/29/11, 8:00 pm


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