Palm Coast, FL asked in Probate for Florida

Q: 2 sisters inherit a house from their father, it goes through probate court and both sisters names are on the deed.

1 sister dies, is the deceased sister family entitled to her half in the house in the state of Florida. There is no will from the deceased sister

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4 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: The surviving sister owns a half undivided interest in the property. She would have to probate her late sister's estate (file a petition with the court) in in that event she may well inherit under the intestacy statutes.

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

A: Unless the deed says otherwise, generally, the 1/2 share of the sister will be distributed to her family through a probate using the Florida Intestate Statutes (without a Will), which generally means her estate through probate will go to her husband and or children. A probate attorney would be needed by the family of your sister.

C. Randolph Coleman
C. Randolph Coleman
Answered
  • Probate Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: If the deed provides that the sisters own the house as "joint tenants with right of survivorship" or "JTWROS", then the deceased sister's share automatically, by operation of law, transferred to the surviving sister at the death of the deceased sister. Otherwise, the deceased sister's share must be probated pursuant to the Florida Intestacy Statute since there was no will. If there was a will, then the deceased sister's share would transfer as provided in the will.

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

A: If both sisters received their shares via a probate order determining homestead status or a PR Deed, they would have each received an undivided one half as tenants in common. This means that their one half passes to their heirs. The sister's next of kin should open an estate to transfer the one half to the heirs. Our office handles estates anywhere in Florida. You are welcome to call me for a free phone consultation. Flat fees available for summary administration.

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