QUESTION

By my Father's will, Mother received everything. Just noticed that warranty deed to property is in his name only. What do we need to do?

Asked on May 18th, 2015 on Wills and Probate - Florida
More details to this question:
Father passed away in 1997. He was given property by his parents. Warranty deed in his name only. Left to Mother by will after his death. What do we need to do to make sure everything is good when she passes and her will states the children get the property?
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1 ANSWER

Estate Planning Attorney serving Jacksonville, FL at The Coleman Law Firm, PLLC
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If there has been no probate of your father's will, that should be done as soon as possible.  You will need to retain a probate attorney and you will need your father's original will to submit to the probate court. The probate can be completed fairly quickly since your father has been deceased for more than two years. Also, because the property was your father's homestead and he designated that your mother is the beneficiary of the homestead, you should be able to use a "summary administration" for the probate.  A summary administration is much quicker and less costly than a formal administration, but you will still need a probate lawyer. After you complete your father's probate and the home is in your mother's name, she should consider a will or trust of her own to ensure the real property is transferred at her passing to the person or persons that she wants to receive the property.  If she uses a will to transfer the property, then the property will need to go through probate at her passing.  If she uses a revocable living trust to transfer the property, there will be no need for probate and the property will automatically pass to her named beneficiaries upon her death.   Alternatively, your mother could use something called an "enhanced life estate deed."  An enhanced life estate deed allows her to provide for the transfer of the real property to the desired beneficiaries automatically at her death, without the necessity for probate.  Typically, she reserves the right to live in the home during her lifetime, and to change her mind so that she can sell the real property, mortgage, or give it to someone other than her children, or to some of her children, but not others, at anytime during her life time. The potential problem associated with the enhanced life estate deed arises upon your mother's death, if some or all of her children should die before she does.  With the enhanced life estate deed, you do not have the ability to change the ownership  after her death if circumstances should change. The use of the revocable trust allows you to avoid probate and to provide for the distribution of the asset after your mother's death.  The revocable trust also allows your mother to plan for any contingencies that might happen to her family members between the establishment of the trust and her death.  In short, the revocable trust provides the power to direct where assets go at your death, and also the mechanism to ensure that you have provided for any contingencies that might arise.  You have more control and certainty with the revocable trust. 
Answered on May 18th, 2015 at 1:22 PM

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