Legal Question in Wills and Trusts in Florida

I have a sister and a brother. My mom just died and she had no will. She owns a home which is only in her name. What is our next step?


Asked on 12/30/09, 8:55 am

4 Answers from Attorneys

Lesly Longa Longa Law P.A.

I am sorry for you loss. The next step is to administer her estate in probate court. I have a blog post on probate basics at my site www.floridawillmaker.com. Regards,

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Answered on 1/04/10, 9:08 am
David Slater David P. Slater, Esq.

The estate must go to probate and a personal representative appointed. Creditors will then be notified and the assets distributed. Probate requires an attorney in Florida. Good luck.

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Answered on 1/04/10, 11:22 am
Robert Roemer Robert Roemer

I am sorry for your loss. You will need an attorney to represent the personal representative of the estate. The question of whether all three of you will be pr or will one act as pr of thr estate.

Your can read about the process on my website at FloridaLegal ServicesOnline.com which has a law library which describes this and other legal issues for free.If you need further help call or e-mail me .

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Answered on 1/04/10, 10:51 pm
Kellen Bryant Law Office of R. Kellen Bryant, P.L.

I would also add that you and your sibilings will equally own your mother's home after you go through probate. If her home is considered homestead, you will receive the home without any non-mortgage debts attached to it. The mortgage (if any) will still need to be paid.

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Answered on 1/05/10, 8:05 am


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