Why is probate required?

What is the name of your state? Florida
Dad and I bought a lot together, and title was issued as tenants in common, so at his death his half would have gone to my step-mother in 1976. I failed to have this corrected, and I never mentioned the lot to Mom.
When she remarried, apparently her resources all went into her husband's trust which, at his death 2 years ago, was divided between me and his two adopted daughters. However, with her failing memory she probably never remembered the lot.

Apparently there were no wills since there is no probate information on record in Lee County on Dad, where he died, nor on Mom, where she lived for many years, nor in Brevard County where Mom died sometime in the late 90's. She had no children of her own.

Question, why would probate be required to clear the title when there is no evidence that either person left a will?

Second, what is required to clear such a title?

Third, how much should I expect to pay for legal intervention?

Forth, is legal help required?

Many thanks.... Arcy

Probate is required to officially establish exactly who the legal heirs are and to get the names changed on the title to reflect current ownership. Stop worrying about the legal costs (it will probably be a few hundred dollars) and start talking to a real estate attorney to get this taken care of. Before consulting with a real estate attorney, talk to a real estate agent or talk to someone at the local title/abstract company and maybe they can suggest a few low-cost options on getting this done and can probably tell you whether or not an attorney's services would be required.

Is it possible that the attorney who helped your mother draw up her trust (if an attorney's assistance was in fact used) might be able to advise you about this?

DANDY DON IN OKLAHOMA ([email protected])

Many thanks, Don, that helped a lot.... Arcy