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Florida Probate?

Asked over 2 years ago - Clearwater, FL

My Brother died with no will, money or car. He did have life insurance and we own a house together. Since life ins. and homestead are exempt in Florida, Do I even need to file for Probate? He does have 2 medium sized judgments from credit card companies (not on the house as that is illegal in Fl.) but again, no money so they would not be paid either way.

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Attorney answers (3)

David Michael Goldman

Reputation Level 14

Answered over 2 years ago. Probate Attorney in Jacksonville, FL.

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Some life insurance companies will require you to open a probate even though one is technically not required. As far as the home, a probate may be necessary if you did not own the home with rights of survivorship. The home should not be subject to the claims of creditors, but you will need the probate to have clear title if it was owned as tenants in common.

You may review some of the information in the link below

Florida Probate Handbook

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Richard Eugene Ehrlich

Reputation Level 12

Answered over 2 years ago. Probate Attorney in Fort Lauderdale, FL.

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The most important question is how the deed for your home is worded. Look at the deed. If it says your brother and your names as joint tenants with right of survivorship the property is now yours. With the life insurance, the death benefit should be distributed to whomever is listed as beneficiary as soon as you provide a death certificate. If there is no beneficiary or his estate is the beneficiary you need to go through probate. Occasionally, life insurance companies insist on the opening of an estate because they feel the protection of the court system is important to protect someone's interest. Good luck!

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Marc Jeremy Soss

Reputation Level 11

Answered over 2 years ago. Probate Attorney in Sarasota, FL.

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Attorney's differ on how to handle your scenario. However, if the "home" was owned as "joint tenants with rights of survivorship" then it automatically passed to you at his death. If it was owned as "tenants-in-common" then some form of probate will be needed to pass the title. The life insurance passes directly to the designated beneficiary.

Please call if I can be of assistance.

Marc J. Soss, Esquire
(941) 928-0310

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