Green Cove Springs, FL asked in Probate for Florida

Q: my mother passed over ten years ago and her will name myself and one of my sisters are joint personal representatives.

mother left her mobile home and homestead exempted real state (6.45 acres) to only myself and my ones sister.

Mother had four children who she excluded in the Will, but left it up to me and one sister to decide to include the other two or not.

My mother was hospitalized for four months prior to her death, where she received Medicare and FL Medicaid.

Do we have to probate and if so, would the state be entitled to recouping money from the property.

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1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
  • Probate Lawyer
  • Fort Lauderdale, FL

A: Since your mother has been gone more than 2 years claims against the estate are barred. You still need to open a probate and file the will with the clerk. A petition to determine homestead will need to be filed as to the property. Technically you can do the summary administration your self but you would safe yourself a lot of frustration in figuring out how to do it by going to an attorney to make sure there are not future issues with the title to the property.

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