Ocala, FL asked in Real Estate Law and Probate for Florida

Q: I need to file a Summary of Administration, my spouse left me the house in his will. He passed away 2017 I pay all mtg

Only his name is on the deed, I have cleared all his debts … only left is the mortgage on the house and it is draining my savings. I need to be able to sell the house before I go broke. The house is located in Miami, FL.

Related Topics:
3 Lawyer Answers
Mr. Long H. Duong
Mr. Long H. Duong
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: Miami Dade is easily the slowest county for probate in this state. We handle them there all the time and there’s not much to do but get it filed, jump through their extra hoops and hurdles and wait for them to get around to responding to you. I strongly recommend you hire an attorney.

Phillip William Gunthert agrees with this answer

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

A: You are going to need to contact a Florida Probate Attorney and they can help you file a Summary Administration, with respect to the house (homestead possibly if it was his/your primary residence), as with all things in South Florida, slow moving and extra work most often. The sooner that you contact a Florida Probate Attorney in order to get this filed and addressed the better based on your urgent need time constraints you have referenced.

Seril L Grossfeld
Seril L Grossfeld
Answered
  • Probate Lawyer
  • Fort Lauderdale, FL

A: Miami Dade County probate does have the most hoops to jump through so you should definitely get an attorney to help you. If you had gotten an attorney from the beginning you may have been able to avoid some of those hoops. Once you talk to an attorney to help you with the probate you can list the house and coordinate the closing with when you will be obtaining the order of summary administration.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.