Washington, DC asked in Probate for Florida

Q: Hi, My mother passed in 1988 and my father passed in July. How do I inherit the house? I have notarized copy of his wish

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2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: You hire an attorney to help you.

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

A: I am very sorry for your loss and on the passing of your father, please accept my condolences for you and your family at this difficult time. The answer to your question is that it depends, if what you have is a Will/Trust/Deed that is one thing, if it is not a valid and legal document as listed, then it likely will not matter. If there is no Will then the Florida Intestate Statutes (without a Will) are going to apply. Generally, if there is no surviving spouse or young children and there is no valid will, then the estate is split amongst the surviving children equally. You are going to need to speak with a Florida Probate Attorney in order to provide more specifics and details and then they will be able to advise you on what, if anything needs to be done and on the type of probate or petition for Homestead property that may need to be pursued. You will want to get a copy of the current deed as well and have it reviewed, the property could/may pass via deed. Otherwise, any assets in your dad's name alone will need to be probated and you will need a Florida Probate Attorney. You should start with more specifics and allow an attorney to give you some initial feedback and answers related to the estate and any potentially required probate that may need to be done.

Bruce Alexander Minnick agrees with this answer

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