Q: Mom passed away and her name was the other name on the deed after my dad passed. Does it have to go thru probate again?
The house went thru probate in 2012 and the house was then passed to my mother, now she has passed away. There is no mortgage or taxes due on the house. There are only 3 adult children left as heirs. Does it need to go thru probate again? We are all agreeing to each owning 1/3 of the house. How do we get our names on the deed and our parents taken off? The home is in Florida
A: I am sorry for your loss. If your Mom's name was the only name on the deed, then you will need to file a probate to transfer it to the children. I would schedule a consultation with a probate attorney to understand the next steps for your exact circumstances. Best of Luck! Jennifer
A:
If the house was in your Dad's name only when he passed, and then the property was probated with your Mom owning 100%, and your mom was the only owner at her death then yes, it will have to go through probate again.
However, the first step would be to consult with a probate attorney here in Florida near where the property is located.
You can use the find a lawyer feature of this site to search for attorneys near the area where the property is located.
Good Luck,
A: Consult with a probate attorney to see if the property was distributed out of your father's estate as a life estate to your mother with a remainder to the children OR 100% to your mother. This will determine whether an estate needs to be open or just a death certificate recorded to pass it to the children. You are welcome to call our office for a free phone consultation. We handle probate cases anywhere in Florida.
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