Kissimmee, FL asked in Probate for Florida

Q: My mom died in Florida, no will. She had a home in Florida which was only under her name, my father has other kids.

My mother moved to FL a month before passing away, before that she lived in PR. My mother had a company in PR which I was told that cannot be inherited. My father took over that and aold everything, even trucks that were left under my aunts name to protect againat him and his other kids. Now he says he is going to sell the house my mother had in the state of FL. He says he will keep everything. Is this possible? I currently live in the FL home and have been for the past 5 years and paying for it too, my mother wanted to leave me the house but did not make a will.

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

A: You should consult with a probate lawyer in your home town or county, soon. Like next week. This is not something that can be answered on the internet.

Lauren Nagel Richardson
Lauren Nagel Richardson
PREMIUM
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: You need to consult with a probate attorney to help determine whether the property in Florida is your mother's homestead for probate purposes. This will help determine the heirs. In general, however, unless your mother signed a deed that transferred the property to her husband, there will need to be a probate estate to transfer the property to the heirs. If it is homestead, it will pass one way, and if it is non-homestead, it will pass a different way.

If it looks like there will be a disputed in this estate, then you should consult with an attorney in the county where the real property is located.

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