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Questions Answered by James William Martin
4 Answers | Asked in Real Estate Law and Probate for Florida on
Q: How to add my sister and my name to the title of a property after my mother passed away.

The property is owned by my mother, aunt and uncle. All of the them are on the title. My mother passed away in 2016 without a will. For clarity, there are no family issues and my aunt and uncle agree that my sister and I should be added to the title in place of my mother who passed away. What steps... Read more »

James William Martin
James William Martin answered on Nov 25, 2021

The first step with real estate is to purchase a title insurance commitment from a licensed Florida title insurance agent. It will state what is required to insure marketable title.

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3 Answers | Asked in Probate for Florida on
Q: I am in need of probate help for my brother who passed away without a will. He has a house with a mortage of 65,000.

Is it possible for a person to file probate themselves and not use an attorney?

I do not have $4,000 and that seems to be what everyone charges.

My brother was not married and no children.. Next of kin is our mother who is 98 yrs old and I have her POA.

James William Martin
James William Martin answered on Nov 4, 2021

It is possible, but not advisable. If you obtain a title insurance commitment, it will state what is required in order to insure title. Then you can seek an attorney to file the type of proceeding needed to satisfy the title company.

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4 Answers | Asked in Probate for Florida on
Q: I have lived and paid taxes on my late sister's property for 3 years, do I need a lawyer to transfer ownership ?

No will, sole heir.

James William Martin
James William Martin answered on Nov 4, 2021

Yes. A title insurance commitment should tell the lawyer what would be required to provide insurable title. Then a probate admin, possibly summary in nature, would follow.

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3 Answers | Asked in Probate for Florida on
Q: Uncle wants me to sign off on my grandmothers house

My grandmother passed 8yrs ago

She had no will so my uncle has been living there paying her mortgage my mom passed away 2010 which it was her mothers house also

He wants house in his name

But i do not agree and will not sign off

What can i do to make both of us... Read more »

James William Martin
James William Martin answered on Aug 24, 2021

It is possible to obtain a title insurance commitment to determine who owns certain real estate and what is needed to clear the title, such as a probate administration. The title company would base the commitment on a title search of county Official Records. The search usually costs $75 to $300 and... Read more »

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