Apollo Beach, FL asked in Real Estate Law and Probate for Florida

Q: Before my father passed away he was buying a house, he owes the it's so we put all paperwork in my name.

We have the same name. Used my social also. So IRS didnt take it from him. Now he's passed away and step mom is not letting me stay there. Is there anything I can do.

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

A: Very sorry for your loss on the passing of your father, please accept my condolences for you and your family. This is an issue and question of probate and based upon how the deed is held. If this was Homestead for your mom and dad then one set of rules will apply related to probate, or maybe the property transfers based on the deed and how it is held. It is likely that some version of probate will be required, on the other hand, if this is your property and in your name and your loan and your social security used for the purchase then that is a different story, these are no doubt issues that need be addressed in probate and or otherwise clarified further.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Probate Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Taking your set of facts exactly as presented: If the deed to the house is in your name only you can sell it at anytime, without anyone else's permission. If your step-mother believes she is entitled to the house--or even part of it--she can file a Probate action and contest your claim for 100% ownership rights to the house.

Phillip William Gunthert agrees with this answer

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