Legal Question in Wills and Trusts in Florida

My ex husband died 3 years ago with a legal will in place leaving his land to his 2 sons, ages 19 & 15. We do not have possession of the title, but have paid the taxes and upkeep on the 2 acres. If we have his death certificate and a certified copy of the will, can we have the title changed over to the boys names? I know the title is free and clear, no liens in place. This will be in Tallahassee Florida.


Asked on 6/06/11, 6:00 pm

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

It will likely be necessary to file his will and petition administration in local probate court, depending on the value of the property. Some court action to transfer the property will be required if it was in only his name.

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Answered on 6/06/11, 6:08 pm
Lucreita Becude Lucreita D. Becude, P.A.

Any time land is involved you MUST probate the estate. I suggest doing a summary administration - which can be done in one day during exparte with the Judge. Good Luck

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Answered on 6/07/11, 6:49 am


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