Austin, TX asked in Probate for Florida

Q: Do i have to do probate?

My father and mother passed away 2 years ago dad bought a home with va loan with intention of the house being mine before he could get mortgage insurance or add me to deed he passed suddenly. I have been paying mortgage payments since as the mortgage company told my brother to have me do. Now they home owners insurance is going to cancel because dad is dead took 2 years?? But anyway I can't get home owners with out being on deed neither of my 2 brothers want the house and there are no other assets.

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2 Lawyer Answers
Ira Markowitz
Ira Markowitz
Answered
  • Probate Lawyer
  • Coral Springs, FL
  • Licensed in Florida

A: Short answer is yes.

Did your father have a will? Did he have a spouse at time of death?

If not then he died intestate and the property will go to you and your siblings. Your siblings can agree in writing to give you the property

You'll need an attorney for the probate process

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

A: You will definitely need to provide additional information and details and you will need to work with a Florida Probate Attorney if this property is located in Florida. It would additionally appear that the property was Homestead, special rules always apply to Florida Homestead. If your parents had a Will, the property will pass in accordance with the terms of the Will since there is no surviving spouse and it seems like both of your parents have passed away according to your post. If there is no Will then the Florida Intestate Statutes (without a WIll) are going to apply, this basically means to the children of the deceased in equal shares. Since it has been 2 years since your parents passed away a Summary Administration probate will likely apply and that is usually faster and easier to address.

Bruce Alexander Minnick agrees with this answer

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