Legal Question in Wills and Trusts in Florida
Wife passed away without a will.
Home ( in Florida) we have lived in for 8 years is in my wife and a former deceased husbands name... She has 2 estranged children for over 30 years. Assessed value of the home is $42,000. I paid off the mortgage about 3 years ago...
Asked on 1/01/17, 5:07 pm
2 Answers from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
You have constitutionally protected homestead right during your lifetime. Seek legal guidance for a probate matter. You must file that estate.
Answered on 1/02/17, 6:22 am
You should consult with a probate attorney in Florida. In addition to inspecting the deed, an attorney will need to trace back the series of events concerning the former deceased husband and your wife, including potential heirs. While you have homestead rights, you will likely be eligible to petition for a Summary Administration.
Answered on 1/02/17, 8:26 am
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