Astatula, FL Estate Planning Law Firms & Lawyers

If we are talking about homestead property (principal residence) and no spouse, then upon death the house goes to the children. Living there carries no greater rights (if both children are adults). If one is living there and that is not acceptable to the other, I would suggest one buy out the other. If he/she refuses, the other child can force a partition sale (similar to a foreclosure sale) where the property is sold judicially and the proceeds divided.

In Florida, a Personal Representative of a probate estate is appointed by a circuit court judge, upon the filing of  a Petition for Administration with the probate court.  The Petition for Administration must include information about the decedent, who are the parties who are interested in the estate, and the approximate value and the nature of the assets owned by the decedent that are subject to the probate proceeding.  All of the interested persons must receive notice of the filing of the Petition for Administration, and unless those interested persons have signed a waiver they must be notified by way of certified mail of the date of the hearing scheduled by the probate court to consider the Petition for Administration. Typically, the Petition for Administration must be prepared and filed by a Florida lawyer unless the proposed personal representative is also a Florida lawyer.  If a beneficiary is the sole interested person in an estate (no other heirs nor creditors), then the beneficiary may serve as the personal representative without the need to hire a Florida lawyer to represent the personal representative. If you need to file a petition for administration so you can be appointed personal representative of an estate, you should consult with a Florida lawyer who is experienced in handling probate matters.