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Probate of Share property

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CYNDE

Junior Member
What is the name of your state? FLORIDA
Mom mom died in February and I am the only child. She had a will where I am named sole beneficiary. I was also Power of Attorney throughout her illness. She owned a mobile home in a resident owned park. She had paid in about $7000.00 and the balance is $15,000. I have a buyer for the home and am not having any problem with the trailer title, however, the park lawyer insists we must probate the share property. I understood this was assumable, as payments are made monthly. Can you give me any advice?
Thanks much.
 


Dandy Don

Senior Member
Since real estate/personal property is involved, probate is necessary to give you the legal authority to handle the transaction. Consult a local probate attorney to figure out the best way to handle this--you can let the probate attorney be executor or apply to become executor yourself. Why haven't you submitted the will for probate before now? Are there any other assets in the estate besides the mobile home?

DANDY DON IN OKLAHOMA ([email protected])
 

CYNDE

Junior Member
No. The trailer and the lot are all there is. I was handling all the financial as POA before she passed. She was on Medicaid and there was no life insurance but, I did get the bills all paid. I have a Memorandum of Occupancy that was drawn up on the shares, I just don't understand why I can't take the original will and death certificate to the Clerk of Courts and have the name transferred. Why wouldn't the will give me legal authority to handle the transaction? I am sole beneficiary. I'm looking at anywhere between $800-$1500 in attorney fees and having the property tied up in court for as much as six months. It is much to do about nothing as far as I can see. It's a big expense that will be difficult for me to afford and I have a buyer for the trailer but, now this probate issue has come up and I just want the quickest, no nonsense way to get through it. What steps do I have to make to become executor?
 

anteater

Senior Member
I just don't understand why I can't take the original will and death certificate to the Clerk of Courts and have the name transferred. Why wouldn't the will give me legal authority to handle the transaction? I am sole beneficiary. I'm looking at anywhere between $800-$1500 in attorney fees and having the property tied up in court for as much as six months. It is much to do about nothing as far as I can see.
A will can nominate a personal representative for the estate. By itself, it does not give the nominated person any legal authority. The probate court does that.

I don't see why you think that the property will be tied up in court for 6 months. Once you are appointed as personal representative, you should have the authority to move forward with the sale.
 
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CYNDE

Junior Member
One of the probate lawyers I spoke with yesterday told me that. I spoke with someone at the Clerk of Courts this morning and she said I could apply for a Summary Administration (value of property less than $75,000) and I could get an order to be the petitioner. She indicated I could walk the paperwork through myself but, I have to pay $40.00 to a lawyer referral service to find out what all this means.
 

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