Oxford, AL asked in Real Estate Law and Probate for Florida

Q: Hello i have property in florida that was passed down from my mother to myself and my siblings ,which are all deceaced,i

i'm the only one alive on the deed .i let my nieces live on the property ,to kep up the land and taxes which they are behind in both ,.how can i do a quick deed transfer to my daughter who will pay the taxes ,or what is the correct way to handle this property ,to sell half and pass the rest to the kids

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2 Lawyer Answers
Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: Thank you for your question. You should consult with a probate attorney to look at the facts of your family situation regarding this land to determine if one or more estates need to be opened with the probate court to transfer this property from your mother's name to her heirs. Once estates have been opened for any of the deceased property owners, then the heirs will own the property together in their various fractional interests and may then quitclaim their share of the property to a family member who will take responsibility for paying property taxes and maintenance. Heirs are determined by law or by a last will and testament. Quitclaim deeds are gifts of property between one party to another and is voluntary. Another option is to purchase an heir's interest in property once the probate matters are completed.

You are welcome to call my office for a free phone consultation. We open probate estates anywhere in Florida. Flat fees are available for summary administration.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You will want to review a copy of the deed and current ownership as well as speak with a Florida Probate Attorney. Unless the deed someone clarifies and resolves the issues, you and or other beneficiaries will likely have to address the ownership of this property through probate for any of the deceased owners. Your mom's and then any of your deceased siblings that own any interest in the property.

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