Miami, FL asked in Probate for Florida

Q: My mom died a week ago and left no will. I am the firstborn of two to my mom. How can I switch deed to my name?

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2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: I am very sorry for your loss on the passing of your mom, please accept my condolences and sympathy at this difficult time. You are going to need to contact a Florida Probate Attorney, depending on the type of assets and the value of the assets will determine the type of probate that will have to be filed and pursued. When a person passes without a Will, the Florida Intestate Statutes (without a Will ) apply. In order to switch a deed, you will need to review the deed and possibly based on how the deed is currently held, you may be able to switch it, if not, a probate is necessary in order to transfer that property to the heirs under Florida Law. I will further point, if there is a surviving spouse they have rights, if there are other siblings, they will have rights, so all of these potential circumstances could impact what will need to be done and who inherits the property. Also, if the property was Homestead, which it often is, then an additional filing "Petition to Determine Homestead" will also be filed with the other probate filings. Your starting point will be to determine what assets exist that need to be probated as well as what creditors exist that may need to be addressed. Your starting point, a Florida Probate Attorney.

Evelyn Suero
Evelyn Suero
Answered
  • Probate Lawyer
  • Miami, FL
  • Licensed in Florida

A: My condolences for your loss. You will need an attorney to administer your mother's estate through probate proceedings. Since your mother passed away intestate (without a will), the Florida laws of intestacy will be applied to determine who will inherit the home.

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