Q: I have a seller who dad has passed away and he wants to sell the Land property. does he need to hire a attorney
Hello,
I'm helping a seller looking to sell their Florida land, which needs to go through probate due to their father's passing. I'd like to know if hiring an attorney is necessary for transferring the deed to the seller's name, and what the expected fees for this service might be. Thank you!"
A: A review of the property deed would be necessary and helpful to start, but if the property is in the name of the deceased father alone, then some version of probate will be required, and an attorney will be needed in most all circumstances. Based on the type of property (Homestead) or other and the overall value of property the rest of the estate will determine the type of probate that will be required and necessary. Generally, the cost will be hourly and usually ranged between $400-$550 per hour for the legal work, it is not uncommon for a probate to cost at least 3% of the value of the property/estate and or potentially more, you would need to call around and check with various law offices and attorneys that handle probate filings and this type of work.
1 user found this answer helpful
A: Depending on the facts of the case, date of death, value of property, etc., the property may have to be administered under formal or summary administration, and will likely require an attorney because it is a complicated process. This heir should consult with a probate attorney to discuss and ensure the process is done correctly. Attorney fees can vary. Filing fees can range from $300-400+.
Phillip William Gunthert agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
