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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42815
Experience:  Texas Attorney for 30 years dealing in real estate
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A 92 y/o woman in Florida just discovered a warranty deed in

Customer Question

A 92 y/o woman in Florida just discovered a warranty deed in which the lot on which her house sits was purchased by her husband alone. He died 7 years ago. She has two mortgage deeds (both satisfied) on the property and house that show her and her husband jointly as co-obligors on the home mortgage. The house was never in probate because she though they owned the house in a Tenancy by the Entirety. Now she wants to sell the place. What's her status.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
She will have to make application for probate.If she is unable to serve as personal representative another family member can do so.This is likely half hers anyway if it was bought during the marriage regardless of title.
At any rate she will need a Florida lawyer to file for probate.If there was a will that takes effect if no will then it is called testate administration and the court supervises it.
Lawyer referral here.
FYI here all probate in lawyer has a percentage guideline for lawyer fees,here it is..
Here are the statutory fees:
Value of estate up to $40,000: $1,500.
$40,000 to $70,000: $2,250.
$70,000 to $100,000: $3,000.
$100,000 to $1 million: $3,000, plus 3% of the value over $100,000.
$1 million to $3 million: $30,000, plus 2.5% of the value over $1 million.
This will take about a year here, if she cannot do this herself a family member can serve as hr husband's personal representative.
Law of intestacy for Florida and more about the process..
There is no way around probate here and a lawyer to correct the title.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.
Thanks again.
Expert:  Ray replied 2 years ago.
If you can leave a positive rating it is always sincerely ***** ***** again.