Q: I live in WV. My father passed away in 2013 and left his Florida home to my 2 sisters and myself. I had it probated 2013
My older sister has died and my other sister and myself want to sell the house. How do we remove her name on deed and do I need to real estate attorney
A: Very sorry for your loss and the passing of your sister, please accept my condolences for you and your family. Depending on the deed and what it says (review yourself of with the help of an attorney), it is most likely that you will have to do a probate for your sister and see what her Will says and what is says about the home. If she is married and or have children, you may now be an owner of the property with 1/3 share now owned by her family and or distributed according to her Will if she has one or intestate statutes if she does not have one. There is a lot you will need to discuss and assess with a Florida Probate Attorney. It all starts with how that property was titled after your dad's passing, if it was just put in your names equally after probate as part of probate and no deed changes were done then chances are your sister's probate will determine what happens with her 1/3 share. Florida will also require you to have a probate attorney to go through the probate.
Seril L Grossfeld agrees with this answer
A:
My condolences on your loss.
An examination of the deed in which you and your siblings own the property needs to be made. If the ownership was by survivorship, then you do not need to probate the sister's estate. If not, then probate to authorize the administrator to sign for her will be required.
You indeed should have this handled by a real estate attorney in or near the county where the property is located.
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