Legal Question in Wills and Trusts in Florida

When is probate mandatory?
My Mother Died December 6, 2005. I am the only living person in her will. This will was written in 1975 and her bank was named as executer to the will. This Bank is no longer in existance and she had no money left in her account to pay for attorneys fees. Her only property is a 1973 mobile home located on a small lot in citrus county. She was in a nursing home for the last 4 years of her life and was on medicaide. Since I am the only heir and her power of attorney, do I have to file for probate in order to change the property over to my name? And if so can I file for probate pro-se? Do I automatically have the right to dispose of her personal property including her home?

Asked on 12/31/05, 12:21 pm

2 Answers from Attorneys

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Re: When is probate mandatory?

Being the only living person named in the will may not mean you are the only heir. If the will left property to others who have died, their heirs may have rights depending upon how the will was written. It would be best to have an attorney review the will. Probate will be required to change title to both the mobile home and the lot in Citrus County. Feel free to call me if you want to talk in more detail.

Answered on 1/02/06, 8:42 am

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