Legal Question in Wills and Trusts in Florida

Re: No will

yes

Re: No will

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Absolutely. If you do not file a probate, the title will remain in the name of your mother. You will never be able to mortgage the property or sell it. You may run into problems if you try to get any major repairs made to the property as you will not be in title to the property.

More importantly, although right now your brother agrees that you should have the house, his opinion could change in the future. You may be faced with a messy estate at that time that could have been totally avoided by taking the proper action now.

Scott R. Jay, Esq.

Re: No will

Unless you are on the deed, it must go through probate.