Here’s a quick list of questions we entertain quite often.
(60 seconds is a stretch unless you read fast!)
10. What is probate anyways?
The court process of paying off debts and distributing assets to a decedent’s heirs.
9. My husband just died. Do I need to probate the house?
If it was your homestead and you were on the deed, then no. If you weren’t on the deed, yes. There are potentially a half dozen answers to this question – contact us!
8. Isn’t probate in Florida just like any other state? Aren’t there just a few forms to fill out?
That was 2 questions. Yes and No – it’s not ever that easy. Anyone who tells you otherwise won’t be there when something goes wrong.
7. Do I really need an attorney?
If you’re the personal representative (executor), then yes.
6. I took care of mom in her last year. Can I get reimbursed?
Maybe. But I’m sure mom didn’t charge you for childcare when you turned 18!
5. I have 3 siblings. Dad told me he wanted me to have the house. There’s no will though.
If there’s no will, he probably didn’t want you to have it that badly! (just joshin’)
4. Is a copy of the Will good enough?
Typically, no.
3. How do I contest a Will?
You call a Florida probate litigator. We don’t do Will contests.
2. How long does probate in Florida take?
Depends on the size of the estate, the number of creditors and the efficiency of the probate court.
1. How much do you charge for probate?
How much do you have? Just kidding – see our sample Florida probate fees schedule.
can a probate judge evict one of the owners (50%)out of probated property? when the person has payed the mortage , since the death of the owner?
@Sandra,
This question is rather vague. In theory you cannot “evict” someone off of land that they own. A partition action however could however, force an owner to sell property.
Can you provide more details? If you’d rather take this matter up with my privately, feel free to click on the “FREE CASE REVIEW” button at the top of our site. Or go here: http://WeProbateFlorida.com/contact-us
Thank you.
I am the personal representative for my mom’s estate. My brother has been living at my mom’s house for years. The house is not exempt from creditor’s claims and is therefore part of the estate; it is about to be foreclosed on and all the utilities are still in my mom’s name. How can I get my brother out? I know I can (and at some point have to) notify the utilities of mom’s death and have them turned off. Do I have to evict my brother? If so, how much does that cost in Orange County? Also, how long do I have to give him?
J – Are you sure the house is not exempt from creditor’s claims? If this is a Florida estate, you’ll want to check with your probate attorney (assuming you have one) and find out whey the house is not exempt. If your brother was not otherwise disinherited (left out of the will), he has as much right to be in the house as you would until of course it is foreclosed upon. Be careful about shutting off utilities while your brother is in there – this might be regarded as a wrongful eviction (though it’s not my area of law.)
I suggest you contact us privately: http://www.WeProbateFlorida.com/contact-us
My “step mom” died leaving her residence to me. The marriage between her and my father is not being recognized because Florida does not recognize common law marriages and the papers from Canada were not filed in the US. My father resides on the property, can he remain there? Will this property be exempt or subject to creditors?
Jennifer,
Sounds like you need a private consultation because I certainly need more information. We offer free consults. Please call the office or fill out our Florida Probate Consultation form. (Consults are free)
We have a relatives house in FL and there are 3 people named in the will since she passed several months ago. As executor I have placed the home on the Market and received an acceptable offer. I found out thru the Title Company that all of the people named in the Will must sign the Warratny Deed because it falls under “homestead”. One of the people named in the Will is refusing to sign the Warranty and will not respond back to the Title Company. I have had to cancel the close. What is the process that has to be taken to get the probate closed and the house sold. Furthere there will be additional expenses for home maintnance and insurance; no one is living in the house.
You’ll have to consult with your attorney on this one. Seems to me that the hold out ought to consider chipping in for expenses if he/she is going to put the sale of the house in jeopardy.
My stepfather died a few weeks ago but other than a house with my mom (both of their names on the mortgage) he had nothing. His sole bank account has very little, if anything, in it…does my mom need to go to probate? Anything of value they had either had my mom’s name jointly on it or just her name. The only money he “left” was money in a life insurance policy that was specifically spelled out for my mom (not the estate, he has no children).
The only reason I ask is because creditors are starting to harass her and she’s not on any of his bills and don’t feel she should pay. Is she responsible to them? Is probate court in her future?
What’s unclear is whether or not your mom is on the deed to the property. If she is on the deed and there is some indication that they were married, then no probate is in her future. If there isn’t any indication that they were married, an affidavit may need to be filed regarding their marriage.
As for creditors – your stepfather’s debts are now the debts of the estate, unless your mom co-signed on any of those liabilities. If she didn’t, you may politely tell the creditors to find sand and pound it.
A family member died a while back in the Caribbean and he was the owner of a vacant land that I understand is not set up for residential property and the value is very low, when the family did the probate, they were told they could not include this land as it was in Florida. The children have not changed the deed on this land but have continued to pay property taxes on it. How can they change the deed and is there a time limit to do this as it has been a while since the person died. Thank you.
@Monica:
I’ve emailed you directly. Generally speaking, probate orders from out of state courts do not a direct effect on Florida real estate. An ancillary or summary probate may be required to properly transfer title to real estate in Florida. This should be handled by a Florida probate attorney. There is no true time limit to probate the property, though most people are motivated to probate the property in order to sell or otherwise use the property.