Does this need to be probated? Where to turn first?

[leebee]

My sister's MIL died intestate in Florida. She has been living with her other son since she had a stroke in October 2024, but kept her own 1-br condo. She was a hoarder (had been cleaned out once and went right back to it) and the situation once again was so desperate that the upstairs toilet and tub are sinking into the floor, water is turned off due to lack of repair/water damage, EMS couldn't get equipment into the place when she had her stroke due to the hoarding and had to carry her out, etc. It's bad. ANYHOW... my sister/BIL don't know where to turn first. The only heirs are the MIL's 2 adult sons, neither of whom have children. All other relatives have died. Florida has a $75000 exemption threshold for probate. NOBODY wants the condo, there is no will. State revoked the registration on her car (and her driver's license) for not having car insurance. BIL's brother is on the bank account but nothing else. My BIL is losing his job in 2 months, sister has been unemployed for 18 months (nobody is hiring 60yo handicapped women) and BIL's brother and wife are on disability, so there really is no "spare money" for repairs, lawyers, etc. Would it be reasonable/legal to see what the condo is worth and then just let the mortgage company foreclose? There is nothing of any worth here for them to recover, and nobody can afford a lawyer if it can be avoided. They just don't know where to turn first, so would take advice.

 

[longboard55]

either walk away or contact one of those we will buy your house guys, I would not put any money into it

 

[Christine]

Not really advice. But my FIL died, essentially without a valid will. He did have things drawn up but they weren't certified. He had 3 children and owned his home.

In the state of Virginia, even outside of a will, the house immediately transfers to the heirs and that happened the first week after he died. We didn't have to do a thing. Everything else fell under probate which is really just a year long waiting period where things are held before they are settled.

We never hired an attorney. We went to the courthouse in the county he died in (where he lived) and the county clerk was IMMENSELY helpful, told us everything we needed to do, and she was the one who handled the transfer of the house. We didn't have to pay a dime to the county for this unless there was just customary fees for certain transactions.

The county clerk assigned us a probate judge and once a quarter we had to mail in paperwork listing out assets we may have come across and the three siblings had to sign these statements. At the end of the year, the estate was released from probate and we could distributed any funds remaining.

Now, this is Virginia. Not sure how Florida works.

 

[Christine]

To add more about the condo: We just had a woman in our neighborhood die in the house. She was a massive hoarder and the house had not been maintained for 20 years or more.

Her surviving daughter sold the house to a company for about $250,000 less than it would have sold for had it been in good condition. Since October, they have been essentially gutting the house and fixing it up. I expect this spring they will resell and get their money back with profit. So this is an option for the condo.

 

[Praying Colonel]

My sister's MIL died intestate in Florida. She has been living with her other son since she had a stroke in October 2024, but kept her own 1-br condo. She was a hoarder (had been cleaned out once and went right back to it) and the situation once again was so desperate that the upstairs toilet and tub are sinking into the floor, water is turned off due to lack of repair/water damage, EMS couldn't get equipment into the place when she had her stroke due to the hoarding and had to carry her out, etc. It's bad. ANYHOW... my sister/BIL don't know where to turn first. The only heirs are the MIL's 2 adult sons, neither of whom have children. All other relatives have died. Florida has a $75000 exemption threshold for probate. NOBODY wants the condo, there is no will. State revoked the registration on her car (and her driver's license) for not having car insurance. BIL's brother is on the bank account but nothing else. My BIL is losing his job in 2 months, sister has been unemployed for 18 months (nobody is hiring 60yo handicapped women) and BIL's brother and wife are on disability, so there really is no "spare money" for repairs, lawyers, etc. Would it be reasonable/legal to see what the condo is worth and then just let the mortgage company foreclose? There is nothing of any worth here for them to recover, and nobody can afford a lawyer if it can be avoided. They just don't know where to turn first, so would take advice.

This is not legal advice. Probate is a matter of state law that varies state by state. The sons should consult a FL probate attorney for a definite read on their specific situation. Many attorneys will do initial consultations for free.

Having said that, Google says the $75,000 threshold is not whether probate has to be done, but whether Summary Probate Administration can be done. And Summary Administration does not avoid potential creditors' claims. But Florida has a unique homestead statute that could affect these issues. And if the sons choose to disclaim any share they'd receive in the estate, there will be a Florida-unique process for that.

Like I said, I recommend they go in and consult a FL probate attorney and get legal advice. Good luck.

 

[lovedisneycruise]

Leebee, I work in probate in PA; please be aware the laws vary greatly by State. In PA, courthouse clerks in certain counties would not be of much help and would refer you to attorneys. I would suggest you call the Bar Association (lawyer member group) for the County in which she died and ask if they can recommend any pro bono (free) lawyers or probate services groups. Sometimes, there are lawyers who will do an initial meeting for free or a lower fee and give you some guidance as to next steps. And if the condo does have value, they may agree to take a fee after it's sold with the balance going to her Estate. Good luck and I'm sorry for your loss.

 

[disneychrista]

Leebee, I work in probate in PA; please be aware the laws vary greatly by State. In PA, courthouse clerks in certain counties would not be of much help and would refer you to attorneys. I would suggest you call the Bar Association (lawyer member group) for the County in which she died and ask if they can recommend any pro bono (free) lawyers or probate services groups. Sometimes, there are lawyers who will do an initial meeting for free or a lower fee and give you some guidance as to next steps. And if the condo does have value, they may agree to take a fee after it's sold with the balance going to her Estate. Good luck and I'm sorry for your loss.

Court Clerks are not ALLOWED to give legal advice as they are not attorneys. Even if they know the answer, which a lot of them do learn along the way, they can't tell you anything.

If no one other than decedent was on the mortgage I would just let the mortgage company foreclose on the house. Next of Kin are not responsible for the debt.

 

[Mai Ku Tiki]

My sister's MIL died intestate in Florida. She has been living with her other son since she had a stroke in October 2024, but kept her own 1-br condo. She was a hoarder (had been cleaned out once and went right back to it) and the situation once again was so desperate that the upstairs toilet and tub are sinking into the floor, water is turned off due to lack of repair/water damage, EMS couldn't get equipment into the place when she had her stroke due to the hoarding and had to carry her out, etc. It's bad. ANYHOW... my sister/BIL don't know where to turn first. The only heirs are the MIL's 2 adult sons, neither of whom have children. All other relatives have died. Florida has a $75000 exemption threshold for probate. NOBODY wants the condo, there is no will. State revoked the registration on her car (and her driver's license) for not having car insurance. BIL's brother is on the bank account but nothing else. My BIL is losing his job in 2 months, sister has been unemployed for 18 months (nobody is hiring 60yo handicapped women) and BIL's brother and wife are on disability, so there really is no "spare money" for repairs, lawyers, etc. Would it be reasonable/legal to see what the condo is worth and then just let the mortgage company foreclose? There is nothing of any worth here for them to recover, and nobody can afford a lawyer if it can be avoided. They just don't know where to turn first, so would take advice.

Be aware that every state handles such situations differently & "HOUSE" laws differ from "CONDOS"... Maybe start by consulting the CONDO HOA which may also have specific rules. Good luck to all in a difficult situation.

 

[tvguy]

either walk away or contact one of those we will buy your house guys, I would not put any money into it

THIS for the condo. Dear lord, every commercial break there is an ad for one of these companies that will buy any home "as is, where is, no repairs all cash" But I do not see any way for the rest where you can get around hiring a probate attorney.