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?

Related Topics:
2 Lawyer Answers
John Richert
John Richert
PREMIUM
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.