Legal Question in Wills and Trusts in Florida
will found 4 yrs later
Father moved from Puerto Rico to Hialeah Fla in 1997 and purchased a condo for $43,000. Was living with daughter in condo and died in 2003. Will was found in Puerto Rico in 2007 at Brother's house . The Will leaves all to wife and children but did not name an executor . No money is involved, only the condo.Deed to condo is only in deceased father's name. Survivors which include estranged wife and 4 sons and daughters want to sell condo which is valued at $155,000 . About 22,000 is left on the Mortgage.No other debts are outstanding.Widow and children are in 4 states, Florida, New York Virginia and Hawaii. Are all parties named in will required to be present at probate of the will? Where? In Florida? Are there upfront costs to be paid to a Lawyer or will the Lawyer accept payments from the sale of the Condo? Thank you
3 Answers from Attorneys
Re: will found 4 yrs later
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The will and the estate should be filed for probate in Miami-Dade County, Florida. Because your father has been deceased for more than two years, the estate can be filed under Summary Administration which is a simplified process which generally costs less and does not require publication in the newspaper.
The parties do not have to all live here or "be present at probate of the will." Often times, papers are sent through the mail for execution to various family members.
As to finances, you can discuss that with your attorney. In my office, I often work with my probate clients and accept payment from the sale of the property if monies are not available at the time of the filing of the estate.
Scott R. Jay, Esq.
Re: will found 4 yrs later
If he has been dead for more than 2 years, you ought to be able to do this on what is called a "summary administration" and it should be able to be done via mail. Summary administration, get the will admitted to probate, and bring a homestead order. How the property will be split depends on how the will is drafted; the condo appears to have been homestead in Florida if he was living there and Florida has very specific rules on how homestead can be devised. Probate will have to be brought in Florida, probably Dade County because that is where the property is located. As to whether or not you will have to prepay costs/fees, that's up to the lawyer you hire. You need to talk to probate lawyer in Florida, and probably in Dade County for details and costs.
Re: will found 4 yrs later
Wife can be named as personal representative to administer estate. Except for court costs for filings I can work with you on a deferred payment plan. Good luck.
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