Legal Question in Wills and Trusts in Florida
Probate not filed
When my brother died in Feb. 2003 my sister in law went back to N.Y. within 2 days of his death. There is no record of her filing probate down here even though his vehicles including antique cars are registered and titled in Fl. He also has a one third interest in commercial property in Fl. He died owing the hospital here in Fl. a huge bill. She did hire a lawyer in NY who wanted to file probate in N.Y. even though they stayed there part of the year all the real property is located in Fl. Can that be done and can she sell off the assets even though probate has not been filed in Fl. Can anything be sold before probate is filed?
1 Answer from Attorneys
Re: Probate not filed
His will is probated in the state of his domicle.
She may have filed in NY in the country where he lived. She will have to file an ancillary probate in Fl. where the real property is located. Property held jointly is hers to do what she wants.
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