Legal Question in Wills and Trusts in Florida

Re: afraid of probate

Based on the information provided, you should be aware that if, at the time of your mother's death, title to the house is only in her name, probate will be required in order to dispose of the property or transfer it to another. Probate, which also may apply to other property of your mother, could be avoided by transfer of the property before death to others such as yourself, your sister, and your mother, as joint owners, or by placing the property in a living (revocable) trust which provides for disposition upon death. There are other options. Probate does involve a cost and several months as a minimum, but sometimes person elect probate rather than the alternatives. You are advised to discuss these and other options with an attorney with experience in these matters.