Miami, FL asked in Probate for Florida

Q: My mom passed no will left a house my sister wants her name on quick claim deed doesn't want my name on it can both our

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3 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: When there is no will, inheritance is determined by the laws of intestate succession. After the house has been re-titled in your names along with the names of any other heirs you can sell your share to your sister.

Phillip William Gunthert agrees with this answer

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

A: In the state of Florida, when someone dies with a will (intestate), the estate is distributed in accordance with the law of intestacy. You should speak with a probate attorney to determine who your mother's heirs are per Florida law and to discuss the need for probate administration proceedings.

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 yourloss and the passing of your mom, please accept my condolences and sympathy at this time for you and your family. You will want to speak with a Florida Probate Attorney. A review of the current deed would be in order as well so that you can see how the property is held, at times a property can pass based upon the deed. When no Will exists, then the Florida Intestate Statutes (without a Will) are used in order to distribute any property that is in your mom's name that does not have a pay on death or transfer on death or other type of co-ownership designation attached to it that would allow it to pass upon her death. Your sister can say whatever she wants but the ownership will be determined through probate and the Florida Intestate Laws, this generally means that if there is no surviving spouse, then the property will be put into the names of any children in equal shares, if the property was Homestead, then other special rules apply and special petition to the court may be required and desired. Eventually the property can be transferred to any one person through a Quit Claim Deed, but only once you have been paid your portion of the estate/probate value or you and your sister/siblings come to some other agreement during or after probate. Just for starters, any surviving children need to decide who the Personal Representative or Probate petitioner will be. It does not matter what your sister wants (she does not want my name on the property), it is likely based on the above that both of your names will and should go on the property.

Seril L Grossfeld agrees with this answer

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