Cape Coral, FL asked in Probate for Florida

Q: My uncle passed away and left his home to my grandmother. She has passed away I am her only heir. How do get the house.

Titled in my name. I have been paying the mortgage for a few years now.

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5 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: If the house is titled in your name already, then you already own it. You would not need to do anything. I would suggest that you consult with a real estate attorney in your area and review the deed to the property with the attorney. They should be able to confirm that you already own it and do not need to do anything further. (without seeing the deed and cannot say for sure what you would need to do, thus I suggest that you consult with an attorney).

Katherine Schnauss Naugle
Katherine Schnauss Naugle
Answered
  • Probate Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: It all depends on which probates have and have not been completed. When your uncle passed away, if the home was just in his name then his estate will need to be probated to pass the home to your mother, assuming there is a valid Will or that it would pass to your uncle under the intestate statute of Florida Law. Then you would need to probate your grandmother's estate to pass the home to you, again, assuming she had a valid Will or it would pass to you under the intestate statute. I would suggest contacting a probate attorney to discuss this in more detail.

Mark Siegel
Mark Siegel
Answered
  • Probate Lawyer
  • Sarasota, FL
  • Licensed in Florida

A: You state that the home is titled in your name? Would need to verify that you hold title and see the chain of title.

John Richert
John Richert
PREMIUM
Answered
  • Probate Lawyer
  • Clearwater, FL
  • Licensed in Florida

A: I would talk to a probate attorney to make sure that house was passed to you correctly.

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Probate Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: You need to file a probate for your grandmother and if there was no probate done for your uncle's estate, you will need to file a probate for your uncle as well. You will need to supply the original Will(s) and Death Certificate(s) to an attorney to handle the probate(s) for you. It is not something you are able to do on your own. Best of Luck! Jennifer

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