Q: I'm the sole heir. My mom has 2 properties. She has a will leaving everything to me but I'm not on title. What do I do?
My mom just passed away January 23rd this year.
A: Very sorry for your loss and the passing of your mother, please accept my condolences and sympathy at this difficult time. You are going to need to contact and work with a Florida Probate Attorney. Any property that is in the name of the deceased person alone, will have to be probated. There are special rules and protections that apply to Homestead property and while an additional filing with probate is required, homestead property is particularly protected and special rules apply and will not count as part of probate officially, a special filing (determination of homestead) will be filed with the probate for the homestead. If there is a Will, you should make a copy and then submit the original to the clerk of the court in the county where you mom lived (had her homestead). You may want to get a copy of the deed for all your properties in your mom's name, at times, a property can be transferred as a result of the way the property is held (titled on the deed). Anything in your mom's name alone though, without some Pay on Death, Transfer on Death, Deed transfer, will have to go through the probate process to be transferred according to your mom's will to her named beneficiaries (which you have reported is you). Your starting point, will be a Florida Probate Attorney.
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