Legal Question in Wills and Trusts in Florida

I have a question regarding probate. My mom is about to pass.. what do I need to have completed. She does not have assets expect a car and life insurance. There is my self and my sister and are 50/50. She is a Indiana resident that resides as of last 2 wks in Florida. So where would probate be filed? Florida or Indiana... She owes only on 2 credit cards.


Asked on 4/12/16, 1:37 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Probate would be filed in Florida unless she has assets in Indiana than an ancillary probate would be needed. If the car is in her name that would require probate. If you can transfer it to your names jointly that would avoid probate for that asset. If the insurance policies have beneficiaries than the proceeds pass upon death without probate. Does she have any other assets in her name alone? Seek some legal guidance and get this done right. Sorry about your mom.

Read more
Answered on 4/12/16, 1:50 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida