My question involves estate proceedings in the state of: FL
My wife was served a summons two days ago indicating that a lawsuit has been filed against her in circuit court.
Her mother died last year and the only estate she had was a home with a mortgage. My wife and her brother are the only heirs to the estate and neither wanted to assume the home or the mortage and as such did not probate the will. The mortgage company was notified of the death and provided a copy of the death certificate.
A year later (two days ago) my wife is served a summons indicating she has 20 calendar day to file a written response to the complaint. If she doesn't want the home (and the mortgage) and she isn't tied to the loan or title:
1) What written response do we need to file with the court to remove her responsibility in this lawsuit and terminate her involvement in this case?
2) She was advised to hire a lawyer, probate the will, and refuse any gifts. Is this necessary?