Q: My mother owns a home and is the only one on the deed & is in hospice with end stage Alzheimer’s. My stepdad died.

A: I am very sorry for your loss on the passing of your dad, and I am very sorry for your mom and her illness at this stage of her life. You will want and need to speak with a Florida probate Attorney, they will want to review any property deed that you have, and it will have to be determined what will happen with the home and what the ownership rights and interests are with respect to Florida Law. If your mom was the only person on the deed and she owns it outright and your stepdad passed away, it is likely that she was the sole owner, and she can do as she pleases with the home. In the scenario that you have described, generally, the home would go from your mom to you and any of your siblings from your mom unless she adopted some of the other children. This is subject to review of additional information and circumstances related to the property, homestead status, step-dads Will, ownership interests, deed, legal siblings and so forth potentially.

A: I am so sorry to hear about your mother's illness. Yes, because the property is in her name only and not in a trust or some other probate avoidance strategy, you will need to file a probate case to transfer the property to you when your mother passes away. If your mother's husband predeceased her and you are her only child, the property will pass to you, not to her stepchildren. You will likely need to hire an attorney to help you with the probate. If there are no other assets requiring probate, you can accomplish this with a summary administration.