Anaheim, CA asked in Probate for Florida

Q: Can I file probate for my mom in Florida if I live in California? She has belongings here in California in storage

My mom passed away in Florida but has all of the belongings from her home in California I'm not sure where probate should be filed and if I can do it from a different state. My 2 sisters have held power of attorney from my mom for 3 years and have sold her home in California and transfered homes in florida and michigan in to their names (day before my dads funeral) point being they are scandalous and the proceeds of my moms home sale and my dads large coin collection along with 2 storage units filled with antiques and all of my parents home belongings is a concern there are 6 kids and 2 with all the power. How and what state do I file in? I'm not sure where to start since I live in California and greatly appreciate the advice

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

A: Probate should be filed in County where your mother was domiciled or county where her assets are located.

Phillip William Gunthert agrees with this answer

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

A: I am very sorry for your loss and the passing of your mom, please accept my condolences. You do not have to be in the state or present in order to file probate, you will need a Florida Probate Attorney and they can file the appropriate type of probate that will be needed on your behalf. You and all your siblings likely need to find a way to work together, fighting and going it individual will only cost you a ton more of time and effort and costs. Properties in your mom's name alone in Florida cannot be transferred outside of probate, a review of the deed would be in order to determine if the property can be passed via the wording of the deed/s and survivorship. If there is a Will, that would need to be produced and submitted to the clerk of the court where your mom lived or where the property was located. If there is no Will, then the Florida Intestate Statutes (without a will) are going to apply. Power of Attorney ends at death, they should not be doing or trying to do anything after anyone's passing that they have Power of Attorney over. If properties were transferred then a probate would have had to be done or they were transferred based on deed (quitclaim deed or some sort of survivorship interest. No matter, your starting point is likely a Florida Probate Attorney for a review of what needs to be probated, type of probate and what issues exist.

1 user found this answer helpful

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

A: Start by talking to an attorney in California. It doesn't appear from what you indicate that your mother owned any property in Florida, so if she was domiciled in California (It doesn't matter if she was physically present in Florida when she died.), California would be the state to begin probate proceedings. You also indicate that your sisters transferred your mom's homes in Florida and Michigan, but don't say whether that was before or after you mother's death. That's important because (as Mr. Gunthert indicated), they couldn't have done that validly under the POA.

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