How do I handle an estate without a will?
My mother passed away without a will. She has an apartment which I currently live in and there is a mortgage and she is behind in her HOA dues. I'm going to have to sell the home but don't now how to move forward.
Unless you are very certain that there are no other assets that you may be unaware of, most probate attorneys would suggest that you consider a Formal Administration. This type of administration gives you the ability to search for additional assets.
Regardless of how you decide to proceed, it is recommended that you consult with an experienced probate attorney to determine your best course of action, which is done after determining all of the important facts concerning your mother's estate.
I am very sorry for your loss of your mother, please accept my condolences for you and your family at this sad and difficult time. You will need to speak with a Florida Probate Attorney and provide additional details, but generally, when there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply, this generally means to the surviving spouse, if there is one, or otherwise to the children (which is you). If the property was Homestead, then additional protections, rules and laws apply, it is important to stay on top of the HOA fees or at least make them aware that this is a probate related matter. You will want to speak with an attorney so they can get more information from you and provide additional precise details on how to move forward with matters. For your own purposes, you would be able to take over the mortgage if it is homestead and you wanted to stay in and or keep the home. You as the surviving daughter could start a probate and apply to be named the estate Personal Representative to handle the probate. Your starting point is a Florida Probate Attorney I would advise.
You will need to file for summary administration if the total of all nonexempt assets is less than $75,000. During summary administration, you will need to list all of your mother's heirs - spouse and children - and have them acknowledge service of the probate paperwork. You will need to request that the apartment be declared your mother's homestead. Once those two things are done, the judge will sign an order transferring the apartment and other items to the heirs. The heirs will then need to sign a listing agreement and contract to sell the apartment. Once the apartment is sold, each heir will receive a portion of the money. Schedule a free consultation to ensure the best results.