Port Charlotte, FL asked in Civil Litigation, Estate Planning, Family Law and Real Estate Law for Florida

Q: Is there a way to sell or gift an inherited house to my daughter then sell it.

I pay 850 for child support with 1000 extra billed to me a month by mistake. I owe 110000. It is just my daughter and I and I am going to lose this house for back property taxes. I am not trying to dodge any legit payment I owe I am only trying to help my daughter and I survive. I am on disability and will surly be homeless with a 12 year old daughter by that time. Please help me understand what I can do as I am limited financially and physically. Thank you in advance.

2 Lawyer Answers
Michael A. Anidjar
Michael A. Anidjar
  • Estate Planning Lawyer
  • Hollywood, FL

A: It is not exactly clear what has happened or will happen when you state in your question "sell or gift an inherited house" since inherited is past tense, does not clearly indicate if ownership has been accepted/acknowledged.

I also do not understand what you mean by the $1,000 extra billed by mistake or that you owe $110,000. Who is billing you the $1,000 a month by mistake? Are you addressing the issue to get it resolved because that may be important in understanding what your options are too? Who do you owe the $110,000 to? Is there a lien/judgment of the amount owed recorded against the property/house?

It seems as though you believe "transferring" ownership of the "inherited house" to your daughter will resolve your problem. I am not sure why you think that, but that seems odd. You should seek the assistance of an attorney. The type of attorney to start with would likely be dictated by who you owe the $110,000 to.

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Barbara Billiot Stage agrees with this answer

A: I would only add transferring title, if you have title to transfer, will not resolve your problems and the property taxes will still be due and need to be paid in order to avoid the county auctioning off the property. If the $110,000 is for child support that will not go away unless you hire a lawyer to see if 1) it is a mistake and 2) how to correct it. You likely need an experienced bankruptcy attorney as well to see if you can save the home through a bankruptcy.

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