Windermere, FL asked in Probate for Florida

Q: my mother and i lived together over 10 years got along grate she waned me to have home passed away unexpected no will

i payed bills & rent to her most things in home are mine what do i do she was on SSI i am on SSA

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Merely wanting you to have the home is insufficient; a written will would be required; however you and your siblings, if any, will probably inherit her property according to the intestacy (no will) statutes. But for the real property, etc., you will have to file a probate petition with the court to get clear title.

Phillip William Gunthert agrees with this answer

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

A: Very sorry for your loss and the passing of your mom, please accept my condolences and sympathy at this difficult time. You are going to need to speak with a Florida Probate Attorney, based on the type of assets and their overall value will determine the type of probate that is ultimately needed and required. If there was no Will, then the Florida Intestate Statutes (without a Will) are going to apply. The total value of the estate will determine the type of probate needed. You will want to check the deed of the property as well in order to see the manner in which the proper is currently held. If you have any siblings and there is no surviving spouse, it is likely that the home will be Homestead and protected as such and then be put into the names of the surviving children. Any other assets or accounts in your mom's name alone, will also go through probate. You will want and likely need a Florida Probate Attorney for guidance and the various filings, most law offices will give you a free consultation in order to point you in the right direction and get your started and to tell you precisely what needs to be done based on additional information and details that you can provide.

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