Hi, my wife of 25 years died in 2020. Her Dad will her & her 3 siblings his property in Florida. Will I need to probate the property for her portion?
2 Answers from Attorneys
I am sorry for your loss. The facts would have to be better developed. Based on your asking, I assume that her father has also passed. Who passed first? If your wife passed first, how does her father's will read? Often, wills will provide for the interest to pass to descendants, but that certainly cannot be assumed. If her father passed first, then whether your wife's estate must be probated depends on factors like the value of the estate, claims against the estate, etc. In all likelihood, you will need to arrange a consultation for the review any documentation that is available.
I agree with Mr. Repay. Sounds like you'll need help especially if nothing was done with her dad's estate to make sure title was deeded from his executor to your wife and her sibs after he died, because first you will have to make sure your wife's name is shown as one of the owners of record. An attorney can figure this out. A title insurance company can too, but the attorney would probably go to a title insurance company too.