MY FATHER DIED IN 2000 AND MY MOTHER IN 2005. THEY WERE BOTH LISTED ON THE DEED TO OUR PROPERTY. CAN I FILE A PETITION TO DETERMINE HOMESTEAD MYSELF

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MY FATHER DIED IN 2000 AND MY MOTHER IN 2005. THEY WERE BOTH LISTED ON THE DEED TO OUR PROPERTY. CAN I FILE A PETITION TO DETERMINE HOMESTEAD MYSELF

ONLY CHILD; NO NONE LIENS; NO WILLS; DO I NEED LAWYER; IF NOT WHAT IS PROCESS; DO I COMPLETE SUMMARY ADMINISTRATION BY FILING PROBATE ON MOM SINCE HER DEATH WAS MOST RECENT; WHAT IF SHE WAS ON MEDICAID; DO I FILE NOTICE IN PAPER, THEN SUBMIT WITH PETITION TO DETERMINE HOMESTEAD REAL PROPERTY AND ORDER DETERMINING HOMESTEAD REAL PROPERTY ALONG WITH DEED, DEATH CERTIFICATES, MY BIRTH CERTIFICATE; I LIVE IN FLORIDA (MARION) COUNTY I HAVE RECEIVED CONFLICTING INFORMATION AT THE LAW LIBRARY I WAS TOLD THAT I CAN FILE HOWEVER THE CLERK SAYS THAT I NEED A LAWYER. WHICH IS TRUE

Asked on May 21, 2009 under Estate Planning, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think you'd be much wiser to have an attorney guide you through all of this, because with a house involved, there's too much at stake.  It's easy to make a mistake, and mistakes in this area can be expensive.  One place to find the attorney you need is our website, http://attorneypages.com

Usually, on a husband-and-wife deed, it is set up so that when one spouse passes, the property automatically is owned completely by the widow.

If your mother was on Medicaid, you may have a problem, since that is ordinarily available only to people with essentially no assets;  if she got benefits under Medicaid, they may well come after the house for reimbursement.  This is just one of the reasons that I think you should not try to handle this without a lawyer.


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