Legal Question in Wills and Trusts in Florida

My Mom recently died. She had a standard will leaving my Dad and siblings as beneficiaries. All she had was their home and a small savings account (jointly owned) and a car (in her name only). Do we still need to go through probate?? or do we have to when Dad passes away?


Asked on 4/12/10, 6:52 am

2 Answers from Attorneys

Kellen Bryant Law Office of R. Kellen Bryant, P.L.

The joint bank account will not need probate. The car can be taken care of through the DMV without probate unless there are creditors to consider. If the house is titled with with your parents in tenants by the entireties, then no probate. Call my office, I'm in Jacksonville, if you need any more assistance.

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Answered on 4/17/10, 7:33 am

It will depend on how the property is held. Chances are the home was titled with a right of survivorship and/or is homesteaded, thus does not need to go through probate. As far as the automobile, as long as it was used for personal purposes, a certified death certificate can be taken to the DMV to transfer ownership. Be sure to search for life insurance policies, stock, pension benefits, etc. I recommend a probate attorney be consulted to further review the estate property to determine whether probate is necessary.

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Answered on 4/17/10, 4:56 pm


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