MY FATHER DIED IN 2000 AND MY MOTHER IN 2005. THEY WERE BOTH LISTED ON THE DEED TO OUR PROPERTY. CAN I FILE A PETITION TO DETERMINE HOMESTEAD MYSELF
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
MY FATHER DIED IN 2000 AND MY MOTHER IN 2005. THEY WERE BOTH LISTED ON THE DEED TO OUR PROPERTY. CAN I FILE A PETITION TO DETERMINE HOMESTEAD MYSELF
ONLY CHILD; NO NONE LIENS; NO WILLS; DO I NEED LAWYER; IF NOT WHAT IS PROCESS; DO I COMPLETE SUMMARY ADMINISTRATION BY FILING PROBATE ON MOM SINCE HER DEATH WAS MOST RECENT; WHAT IF SHE WAS ON MEDICAID; DO I FILE NOTICE IN PAPER, THEN SUBMIT WITH PETITION TO DETERMINE HOMESTEAD REAL PROPERTY AND ORDER DETERMINING HOMESTEAD REAL PROPERTY ALONG WITH DEED, DEATH CERTIFICATES, MY BIRTH CERTIFICATE; I LIVE IN FLORIDA (MARION) COUNTY I HAVE RECEIVED CONFLICTING INFORMATION AT THE LAW LIBRARY I WAS TOLD THAT I CAN FILE HOWEVER THE CLERK SAYS THAT I NEED A LAWYER. WHICH IS TRUE
Asked on May 21, 2009 under Estate Planning, Florida
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I think you'd be much wiser to have an attorney guide you through all of this, because with a house involved, there's too much at stake. It's easy to make a mistake, and mistakes in this area can be expensive. One place to find the attorney you need is our website, http://attorneypages.com
Usually, on a husband-and-wife deed, it is set up so that when one spouse passes, the property automatically is owned completely by the widow.
If your mother was on Medicaid, you may have a problem, since that is ordinarily available only to people with essentially no assets; if she got benefits under Medicaid, they may well come after the house for reimbursement. This is just one of the reasons that I think you should not try to handle this without a lawyer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.