What is the process when a homeowner died and their child wants the ownership of the home?
3 attorney answers
I agree with my colleagues. Unless the property was titled in a way that would allow it to pass by operation of law, there will need to be a probate. You should retain counsel if you want to get that done.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.
First, I changed the area of law from Estate Planning to Probate so you may receive more specific responses. Second, it sounds as if there is a death in the family, so my deepest condolences. Third, as my colleague indicated, you will likely need to Petition the Court, by and through retaining an attorney, to open Probate. I know this is frustrating but legalities are involved which is why the court will require you to retain legal services to handle this matter. Good luck with your endeavors and, again, my sympathies.
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It is most likely that some version of probate will be required, you need to contact a Florida Probate Attorney and they can advise you on the specifics and type of probate that will be needed based on the value of the estate and type of assets that will need to be probated. It is possible for a property to pass to the next of kin via the deed itself, but the deed would need to be reviewed. It is most likely that either a Summary Administration or a Formal Administration will be required to pass a property on to the surviving family, spouse usually first and or children if there is no Will. Your starting point would be a Florida Probate Attorney to determine what needs to be done.