Glen Saint Mary, FL asked in Business Formation, Contracts, Mergers & Acquisitions and Probate for Florida

Q: SELL A HOUSE AND UR BROTHERS DONT WANT NOTHING SAID I CAN HAVE IT ALL CAN I SELL MY DADS HOUSE WITHOUT PROBATE COURT

DO U STILL HAVE TO GO THREW PROBATE IF U HAVE A LETTER FROM UR BROTHERS AND SISTERS SAY I CAN KEEP THE PLACE

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

A: I am sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. The answer to your question is unknown, but probably not until you pro vide more details and specifics. You will need to start by getting a copy of the current property deed and have it reviewed and a copy of the Will (if there is one). You should also provide information and details on whether the property is homestead and if there is a surviving spouse, as all these issues will potentially matter. Generally, if the property was in your dad's name alone without any rights of survivorship, then some version of probate will be required. In most instances you will also end up needing a Florida Probate Attorney. Eventually your siblings can turn over any and all rights they have (if any) to you via quit claim. If the property is homestead, you may be able to resolve this portion of the probate via petition to determine homestead status of real property or if the property transfers already via deed and the manner in which it is currently held upon the passing of your dad, that may be a simpler and far easier process as well, but until these things can be reviewed with more details, it is hard to assess and advise in a useful manner.

Carol Larmond Grant
Carol Larmond Grant
Answered
  • Probate Lawyer
  • Davie, FL
  • Licensed in Florida

A: Firstly, I am glad you are trying to get clarity on the issue. The most important question is whose name is on the title of the property. If the home is titled solely in your dad's name or titled as tenants in common with someone else more than likely a probate case will need to be initiated. During the probate process your brothers could waive any interest they have in the property. My suggestion is that you gather your dad's Will or Trust, if any, a copy of the title to the property, and a certified copy of the death certificate and make an appointment to see a probate attorney. I wish you all the best.

Anthony M. Avery agrees with this answer

Linda Liang
Linda Liang
PREMIUM
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: It's hard to say based on what you presented. Did your Dad leave a will? If he did, you will have to. In any event, you have to talk to an estate planning attorney to know for sure what your rights are and how to protect yourself from future dispute.

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