Nashville, TN asked in Probate for Florida

Q: My mom died and left the house in my name. I sold it and now want to split the proceeds with my sisters.Do I probate?

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

A: You need to talk to a probate attorney. If you sold the house and your name was on the deed, then there is no need to do probate for the house. But if your mom's name was on the deed, you will most likely need to do probate (don't know how you would sell the house if this is the case).

Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: No, because it appears that the asset (house) has either already been through probate, or it was excluded from the probate estate. Once it passed legally to you (I assume it did, since you sold it), the proceeds are yours entirely to do with as you see fit.

Tara S. David agrees with this answer

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