Jacksonville, FL asked in Real Estate Law and Probate for Florida

Q: Father died will prob. step mom had lifetime estate died recently how do I take possession of home i was left in will?

I need to take possession of the home in montgomery. There is no mortgage. Taxes and insurance are current. What steps do I take first?

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

A: If the property is located in Montgomery, Alabama, then you will to post this question in the Alabama probate Justia forum. If the property is located in Florida, and there was previously an estate administration for your father which provided a life estate to your stepmom with remainder to you on a homestead order or other court order, then in Florida, all you would need to do to take ownership of the property is to record your stepmom's death certificate in the public records. Upon her death, her life interest ends, and the remainder interest begins.

Phillip William Gunthert agrees with this answer

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

A: Very sorry for your loss and the passing of your mom, please accept my condolences at this time for you and your family. Generally and this is especially true in Florida, you usually can accomplish this by getting a death certificate and then recording it with the property division with the clerk of the court in the county where the property is located. If the matter is more complicated and issues otherwise need to be addressed then a probate may be required in the county and state where this is all taking place in order to sort matters out. With respect to the property, if things were set up and properly recorded following your dad's probate, the process related should be much easier as stated above and by Attorney Richardson.

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