Q: Hi I just need some answers. Ok my ex mother in law passed away about 1 yr ago. She had a will and she left the house
To her daughter the next is her son. Ok no trustee and son is in prison and daughter is a felon Junkie. No job I just need to know. Can she get the deed transferred in her name ? Can she sell the house without going through probate she just wants the money. And the son doesn’t want to sell it. Can she sell the house any possible way without probate. Thank you
A: Probably Not, you will want to get a copy of the current deed and see how the property is precisely held, it is possible that based on how the deed is held that the property might transfer more simply. The daughter would have to be named on the deed with rights of survivorship, for example (joint tenants with right of survivorship or even an enhanced life estate with the daughter named), if this is not the case, then you will be stuck with a probate, if no one can qualify to do the probate then another family member or interested person will have to step up. If the Will left the property to the daughter and son, through probate they will be joint owners of the property (as long as there is no surviving spouse of the mother). Also, if the son does not want to sell the property once it goes through probate and is put into both of their names, then a partition action would have to be filed (so more time , expense, court and legal actions). You really need to speak with a Florida Probate Attorney to provide additional details and specifics to get more helpful and precise guidance based on the exact circumstances. Avoiding some version of probate based on what you have initially provided is unlikely.
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