Q: My mother has property FL. She is deceased, I am the only child. Can I get it put in my name without going thru probate?
The property was actually in my mother's name as well as her sister. My aunt is deacesed didn't have any kids or husband, my mom has been divorced for 20 years. They do have siblings who signed off from having anything to do with the property 25 years ago. I have been paying the taxes on the property since my mom died in 2011. I don't have the money to pay for probate so I am trying to do it on my own. Thank you.
A: The property will have to go through probate, there is not a way around that. You need to seek the advice of a probate attorney in the location where your mother died, as the probate will have to take place in that county. The other issues you raise do present some extra hurdles, you just need a probate attorney to help you navigate them.
A: If property is located in Florida, you may qualify to put the probate estate through summary administration. The best thing to do is to talk to a FL probate attorney to see if you qualify. Summary administrations are relatively simple.
A: Depending on the type of property it was, you may be able to pursue a petition to determine homestead status of real property as part of summary administration. If it was not homestead, then formal administration would have to be commenced. But as has already been stated, you would have to go through the Court to get the property into your name. You should really consult with a probate attorney as to all of your options. All the best.
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A: Probate is required to transfer real property from the deceased owner to the heirs. After many years of experience working with families with heirs property, I strongly encourage you to take care of this soon. The longer property remains as heirs property, the more complicated it can become. You should work with an experienced probate attorney to open the most cost efficient type of estate as possible, which should be summary administration, whether or not the property was homestead. Because it has been more than 2 years since your mother died, the estate will qualify for summary administration, which is relatively inexpensive.
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