Is probate necessary For our mother's estate? Instead, can we file a Disposition of Personal Property without Administration for her home together with the Determination of homestead Status of Real Estate, if she had no other assets. She left a will leaving her homestead to her adult children.
No husband is involved and we have no money for a lawyer.
Estate Planning Attorney
I see a Florida attorney has not yet responded so I will give it a try. I am in California not Florida. I attach a reference that may help. It may not be your county so you will need to check with a lawyer in your county to be clear on the process.
Use the AVVO.com web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!
If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.
Wills and Living Wills Lawyer
I strongly suggest you contact the local Legal Aid Society (Bay Area Legal Services, Inc. - Tampa, (813) 864-2280, www.bals.org) and explain your inability to afford an attorney. Many times there are issues that people are unaware of during estate proceedings, that need to be explored. In just about all cases, Florida law requires an attorney when multiple beneficiaries of an estate are involved. Good luck to you.
Douglas R. Coenson, Esq.
Probate will be required. You won't be able to obtain an Order Determining Homestead Status in a Disposition of Personal Property Without Administration. In some Florida counties, judges will allow you to obtain a homestead order in a summary administration proceeding. In other counties, the judge will require formal administration, especially if it has been less than 2 years since your mother passed away. Florida homestead law is complex and difficult for experienced lawyers. Because ownership of real estate is involved, you want to get it right. Proof of ownership is needed for the homestead tax exemption, insurance, utilities, and will certainly be needed if you decide to sell or mortgage the property.
You should see a licensed Florida attorney as soon as possible.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice that can be relied upon. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies. You should not post facts about your case because this is a public forum and is not protected by the attorney-client privilege.
If there is no survivng spouse and no minor children (or special needs adult children) then there should be no homestead issue. One of you should file for administration of the estate since there is real property involved. If you want to sell the home, you may be able to defer the attorneys fees until the home is sold
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