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Questions Answered by C. Randolph Coleman
4 Answers | Asked in Probate for Florida on
Q: 2 sisters inherit a house from their father, it goes through probate court and both sisters names are on the deed.

1 sister dies, is the deceased sister family entitled to her half in the house in the state of Florida. There is no will from the deceased sister

C. Randolph Coleman
C. Randolph Coleman answered on Oct 6, 2019

If the deed provides that the sisters own the house as "joint tenants with right of survivorship" or "JTWROS", then the deceased sister's share automatically, by operation of law, transferred to the surviving sister at the death of the deceased sister. Otherwise, the deceased sister's share must be... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Do i have to pay off my sibling's final judgement before I can sell the condo she transferred after her death?

My sister had cancer and prior to her death, she and I filed a Ladybird Deed in Florida for her condo that she owned. I am in the process of selling the condo but the title company found a final judgement against my sister from 2015. It is a small claims amount from a credit card company for less... Read more »

C. Randolph Coleman
C. Randolph Coleman answered on Jun 13, 2019

If the condo was your sister's homestead from 2015 until her death, then no lien attaches to it other than a mortgage lien, a tax lien, or a mechanic's lien. So, if the property was her homestead, the judgment lien did not attach to the homestead property.

Here's the Constitutional...
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3 Answers | Asked in Probate for Florida on
Q: Can a home of a deceased without a will be sold without probate?

Would the home need to go through probate before selling? Florida Statute 731-1055

C. Randolph Coleman
C. Randolph Coleman answered on Feb 14, 2019

If the home was titled in the name of the decedent, ownership of the property may have passed to the decedent's surviving spouse, or to his heirs at law, depending on whether the home was his homestead, i.e., his primary residence at the time of his death. The Florida Constitution has a number of... Read more »

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2 Answers | Asked in Family Law, Appeals / Appellate Law, Probate and Wrongful Death for Florida on
Q: Inquiring if there is any leagal action to dispute next of kin as a blood daughter vs spouse .

Wanting to file malpractice lawsuit for her death and was told her husband would be the only one able to do so even tho he’s nothing to her 3 kids and was also the enabler for her problem why would he deserve this over us ?

C. Randolph Coleman
C. Randolph Coleman answered on Jan 31, 2019

Under Florida law, the proper party to file a wrongful death action is the personal representative (executor) of the deceased person's probate estate. If the deceased person had a last will and testament, then she would have identified the person who is to serve in the capacity of personal... Read more »

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