Q: I have a client to refer. Her grandmother died 3 years ago without a will. The direct sibling has failed to probate
The granddaughter has paid the property taxes for 3 consecutive years. She would like to take ownership of the property. All tax receipts are paid in her name solely. The siblings(her deceased mother was one of them) have failed to file a probate case for the estate but have depleted all other assets of the deceased. Can they either file for Administrative Summary or open a tax lien to protect the thousands spent to retain the property?
A: A "tax lien" would have nothing to do with it, as far as I can imagine; the "client" is not a governmental entity.
Phillip William Gunthert agrees with this answer
A: Since it has been two plus years a Summary Administration probably could or would be used, but it is possible that Formal Probate could also still be used and needed based on circumstances. She is not going to own the house outright, it would be distributed based on Florida Law related to Homestead (if it was), any Will, Florida Intestate Statute or even based on how the Deed was potentially held. She would be due reimbursement for monies spent related to the taxes/property and ultimately it depends who will be deemed the owner or co-owners of the property.
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