Q: Do i have beneficial title for purpose of homestead approval being im only heir to estate?
Mom passed 12/4/2018. She went into nursing home in 2016 and i moved into home at that time and have been taking care of home and property taxes. But homestead stopped after death, now trying to get homestead for myself. I am only child and deed in her name only, no will. Mom was widowed and deed only in her name.
A: Upon the passing of an individual, any assets in their name alone have to go through probate, if the property referenced was your mom's homestead, there is a petition that is filed with the probate along with the probate called a "Petition to Determine Homestead", this usually addresses the homestead property and passes ownership to the beneficiaries of the estate, if there is no Will, then the Florida Intestate Statutes will determine the ownership of the property. In Florida in order to file a probate you will need the help and guidance of a Florida Probate Attorney. Once the property is transferred into your name through probate or petition to determine homestead as part of the probate process, it will officially be in your name and you can file for homestead tax deductions if this will now be your primary residence. A Florida Probate Attorney will be your starting point. Very sorry for your loss on the passing of your mother. Remember, when assets are in an individual's name and there are no Pay on Death, Transfer on Death or Deed designations to pass the property on death, those assets will have to be probated in Florida.
A: You will not be able to apply for property tax homestead exemption until the property has been transferred to the heirs with a homestead order in a probate proceeding. You are welcome to call our office for a free phone consultation. We handle homestead only summary administration for a flat fee anywhere in Florida.
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