Does a home have to go through probate?

Attorney Tom Olsen: Let’s go to David in Orlando. David, you’re on News 965.

David: Yes. My mom passed away last October, and she left the house to my brothers and me.  We don’t know how to get the house transferred out of our mom’s name and into our names.

Attorney Tom Olsen: Was your mom a resident of Florida, David?

David: Yes.

Attorney Tom Olsen: Your mom passed away in Florida. She owned her home in her name only. David, it’s going to require a probate process to get your mother’s home out of her name and into the names of her children. David, did your mom own any other assets in her name only, like a checking or savings account?

David: She did have a checking account which is joint with my brother.

Attorney Tom Olsen: He’s on the account with her?

David: Yes.

Attorney Tom Olsen: That joint checking account will not have to go through probate. While your mom was alive, your younger brother had accessed that money. Now that she’s passed away, he still has access to that money. So David, am I right in thinking that your mom’s home was in her name only? Her home was not owned jointly or in a life estate deed?

David: That is correct.

Attorney Tom Olsen: Our office would love to assist you with your mother’s probate. This is what we do all day, every day. We can be happy to assist you with the probate of your mom’s estate wherever she lives in Florida, David, I recommend that you call Olsen Law Group in Orlando at 407-423-5561.