Legal Question in Wills and Trusts in Florida

No will, no right to survivorship on deed, when filling out probate form is property listed at 1/2 value or full value? Parents House. Mother died.


Asked on 3/25/15, 9:50 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Sorry but this cannot be answered without looking at the conveyance deed. Your description of the ownership is unclear. Suggest you consult with an attorney about this matter. Pursuing probate without an attorney is a mistake

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Answered on 3/25/15, 10:03 am

In Florida, if a deed is titled as "Husband and Wife," then it contains a right of survivorship. If it truly has not right of survivorship, it will need to go through probate. Keep in mind, that in Florida if there are multiple beneficiaries, an attorney is required for probate. Real property often poses other issues as well. For example, while you may be able to get the property transferred, if there is a mortgage on the property, then that will need to be handled separately. There are multiple issues to consider: assets that require probate such as bank accounts, etc. (it does not matter that there is no will), creditors' claims, final taxes, etc. As far as the value, it will depend and needs to be inspected an attorney to answer your question, as Mr. Stein stated in his reply.

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Answered on 3/25/15, 6:07 pm


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