New Port Richey, FL asked in Probate for Florida

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.

Related Topics:
4 Lawyer Answers
James W. Martin
James W. Martin PRO label
Answered
  • Probate Lawyer
  • Pinellas County, FL
  • Licensed in Florida

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.

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

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.

Barry W. Kaufman and Bruce Alexander Minnick agree with this answer

Linda Liang
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: Paying tax does not transfer deed automatically.

Barry W. Kaufman and Bruce Alexander Minnick agree with this answer

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

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.