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.
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
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
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.
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