Pensacola, FL asked in Probate for Florida

Q: My mom died 2 years ago no will. She left us her house and car. No debts left. Do we need to probate?

Two of us live in the home. We are trying to put the house and vehicle in our names. So lost on everything. Our dad died 18 years ago. I am the oldest and I am handling everything.

Related Topics:
3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Trying to figure this out by yourself is difficult. The best advice is to seek out some low cost legal assistance. You may have a legal aid clinic in Pensacola/Escambia County; or if that doesn't work, try to scrape up a couple of hundred bucks to pay an attorney for his or her time. The clerks at the courthouse/DMV cannot give you legal advice.

Phillip William Gunthert agrees with this answer

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

A: It is likely that you may end up needing a Florida Probate Attorney in order to address the property and help you with any other assets in your mom's name that need to be addressed and or probated. Your starting point would be to review the deed of the property. If it is only in your mom's and or dad's name then you likely need to petition the probate court with the help of an attorney to determine if the property can be designated as Homestead and put into you and your siblings name (Petition to Determine Homestead), I will note, this is not a DIY project in most instances. You likely should speak with an attorney to provide all the details and specifics and in order to find a solution

Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: Yes, you will need to open the estate or the property will remain in your mother's name. If two years have passed or if the property is homestead and is the only asset in the estate, then you can file for what is called a summary administration. Our office handles summary administration for a flat fee. We handle probate cases anywhere in Florida. You are welcome to give me a call for a free phone consultation.

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.