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Q: - "My parents died recently and their Last Will and Testament says that my sister and I are to get the house. We want to sell it but don't know what must be done first. Can you help us?"
A: - You must probate your parents' Last Will and Testament. It is unfortunate that your parents did not have a Revocable Living Trust (RLT), which would have enabled you avoid probate. Probate is the judicial process wherein you and your sister will get clear title to the house. Due in part to the number of retirees in Brevard County probate is a long and expensive process. What other assets and liabilities they had will determine whether the process will be a full probate or the short version called summary administration. My office recommends Revocable Living Trusts to almost every client that wants estate planning; however, we still have dozens of probate cases going on at any given time due to all the decedents that did not know the advantages of RLTs. A typical full probate may take eight months do to. A typical summary administration will take three to four months. Until the probate is complete, you cannot pass clear title to the house. You can't even contract for the sale of the property until you have been appointed Personal Representative of the estate by a Judge. What an attorney can charge to handle a probate is dictated by Florida Statute. Some attorneys handle the probate cases based upon a percentage of the assets. Some attorneys will handle the case at an hourly rate.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.