Comments on: Need to refinance mom’s house? You might need probate first!

By: long

long — Sat, 13 Feb 2010 04:49:56 +0000

@Jack

Did you want to finish that question?

By: Jack Toler

Jack Toler — Tue, 09 Feb 2010 15:03:25 +0000

If A Person Dies Leaving no Will and a secured Promissory Note On Her House.

By: Long H. Duong, Esq.

Long H. Duong, Esq. — Tue, 17 Feb 2009 05:55:05 +0000

Lynn, unfortunately no. It is very rare that Please refer to my recent post "Do I NEED a lawyer for probate in Florida?"

The short answer is that you are not the only interested person in this estate and so you will need representation. Your siblings, the funeral home and unmentioned potential creditors will be considered other interested persons in this situation so representation is required.

By: Lynn

Lynn — Thu, 29 Jan 2009 22:07:37 +0000

My mom died 2 years ago, widowed, she had a house, lived in florida, no money, no car, a 1000.00 insurance policy. I filed her will at the courthouse. It is a proved one. We buried her in Illinois with our dad. Funeral bill not paid. Going to pay out of sale of house, hopefully. Will gives everything in equal shares to me and my siblings. Can I do the probate paperwork myself?

By: Long H. Duong, Esq.

Long H. Duong, Esq. — Sat, 19 Apr 2008 21:56:42 +0000

@Susan

In FORMAL probate administration, real estate is OFTEN sold during the course of probate. In SUMMARY probate administration, the property can’t be sold until Orders of Summary Administration have been secured (and the creditor period has cleared.)

If all INTERESTED parties, that is, parties that have a legal interest in the property to be sold, cannot agree, the judge may order the property to be sold. However, a personal representative does not necessarily have blanket authority to sell the property unless, perhaps, the Will directs the PR to do so.

If you’ve got an active case, you need to really talk these things over with your attorney. If not, contact me off list (click “Free Case Review” at the top of this site.)

By: Long H. Duong, Esq.

Long H. Duong, Esq. — Sat, 19 Apr 2008 21:47:23 +0000

@Robin

A personal representative’s deed might not be necessary. They are typically only issued in the course of formal administration.

Note that if the only substantial asset is a Florida homestead, summary administration is often a viable and less cumbersome alternative.

Contact me off list for further details (click â€œFree Case Reviewâ€ at the top of this site.)

By: Susan

Susan — Mon, 17 Mar 2008 14:46:16 +0000

So if I understand you correctly, a home cannot be sold until probate is completed correct? Again, can a contract be on a home if it is still in probate? Also, in the state of Florida, does a 100% agreement need to be made via the beneficiaries to sell the house or could one person not agreeing to sell the home keep a sale from going through. What would have to happen then?

By: Robin Hurt

Robin Hurt — Sat, 22 Dec 2007 18:03:41 +0000

Once the court Order Determining Status of Real Property has been signed spelling out the lawful owners and their percentage of ownership is that the moment in time title is legally transfered? Or does the Personal Representative need to file a Personals Representatives deed first?

By: Long H. Duong, Esq.

Long H. Duong, Esq. — Tue, 06 Nov 2007 19:32:31 +0000

Title to real property left to heirs doesn’t legally transfer until the estate has been probated. The homestead orders, a personal representative’s deed and/or possibly a order of summary administration (whichever appropriate) would be the vehicle for transferring title. Ultimately it depends on the form of administration. Remember, a Will alone is INSTRUCTION to the personal representative and the probate court as to how to administer the willmaker’s estate.

By: Robin Hurt

Robin Hurt — Tue, 06 Nov 2007 11:49:25 +0000

When is the actual legal moment when real property that was left to someone in a will becomes effective? At death or when the determination of homestead status is Ordered?