Delray Beach, FL asked in Real Estate Law for Florida

Q: Keeping home in deceased name, lady bird deed, child support arrears when selling home once transferred in my name

My mother is buying a home. Wants the deed to be in her name only. I have already checked that even with a trust the home still could receive a lien and be auctioned. She wants to leave it to me through lady bird deed. But I have child support arrears. Someone came back after 29 years and proved child was mine and awarded her $76,000. Been going on for years.

Questions are. If my mother passes away, can I keep the house in her name solely. Will not transfer.

Naturally will pay all tax insurance and HOA.

1. Can I do this or will some agency find out. How many years can I do that

2. Might stay there forever but if I want to sell or leave the home to someone on my death do I need to transfer to my name?

3. Or does the lien just stay on the house until it sold or transferred

Thank you. Will need attorney for deed and closing

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1 Lawyer Answer
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Deltona, FL
  • Licensed in Florida

A: You have many questions and the very best way to get them all answered is to actually go see a family attorney in your area for a full discussion of the issues and potential resolutions. There appear to be many misconceptions in your question. There cannot be a forced sale of your homestead by an outside party. One cannot go back for 29 years in getting retroactive support.

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