Asked in Real Estate Law, Estate Planning and Probate for Florida

Q: Can someone claim adverse possession of a property owned by a deceased person?

My father passed in 2012, one of his daughters has been paying the taxes for his home in vacation home in Florida for the past 7 or so years, but has never asserted any actual ownership (while quietly paying the property taxes). On the revenue departments website the account shows "estate of (father's name)". Also, estate still hasn't been probated. Can the person (daughter who's been paying the taxes) claim adverse possession?

1 Lawyer Answer
Jane Kim
Jane Kim
Answered
  • Naples, FL
  • Licensed in Florida

A: Sounds like she could have a viable claim for adverse possession. A lawyer would have to review the facts in detail. And statute of limitations to probate an estate has passed, which is 2 years. I'd still ask a probate lawyer...

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