Legal Question in Wills and Trusts in Florida

My mother died in 2012 without a will. She left behind a home which I currently live in. The first lien holder has sent me a letter stating they are removing the lien from the home and I haven't heard anything from the 2nd lien holder. My question is would my brother and I be able to sell the home without it going through probate by using a quit claim deed?

Asked on 2/24/13, 11:07 am

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

0 users found helpful

0 attorneys agreed

If the present recorded deed is in only your mother's name, probate is required. A

quit claim deed cannot transfer property between a deceased person and others

without probate administration. If the home was her homestead and their were not

other assets of more than $75k, Summary Probate Administration could be

filed.

Answered on 2/24/13, 12:41 pm

David Slater David P. Slater, Esq.

0 users found helpful

0 attorneys agreed

and the liens will have to be removed of recording.

Answered on 2/24/13, 3:04 pm

Lucreita Becude Lucreita D. Becude, P.A.

0 users found helpful

0 attorneys agreed

If you need assistance, please contact my office for an appointment. 904-997-1031

Answered on 2/24/13, 4:13 pm

Keywords

Match Any Match All

Country

State

Area of Law