Q: I have lived and paid taxes on my late sister's property for 3 years, do I need a lawyer to transfer ownership ?
No will, sole heir.
A: Yes. A title insurance commitment should tell the lawyer what would be required to provide insurable title. Then a probate admin, possibly summary in nature, would follow.
A: Yes, a probate will be required and you should speak with a Florida Probate Attorney. If there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply. I would further advise that you get a copy of the property deed and have it reviewed as well, based on how the property is held and who is listed on it may have an impact on what happens to the property. I will also presume that this property was your sister's homestead, so that will matter and have an impact as well. Florida Statute 732.103 addresses an intestate estate, if there is no spouse, no children and no parents, then the estate goes to siblings (equally), if none of the above applies and you are the only person, then it will go to you 100%. Since it has been more than 2 years, you can and will likely be able to use a Summary Administration, you will have to do a special filing and petition related to homestead also. You will want to provide all the details and specifics to a probate attorney and they will be able to better advise you on your options and how to move forward.
A: Paying tax does not transfer deed automatically.
A: Yes, you will need to hire a lawyer to open her estate and have the judge sign a court order which will transfer the property to the heirs. If you would like to discuss this case with my, I offer a free 15 minute phone consultation. I handle estates anywhere in Florida and handle summary administrations for a flat fee.
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