Q: Why does my home all of a sudden have to go through probate ? I've been paying Taxes, how can the house not be mine.
My step dad who was married to my mother sold me his house for $100. almost 10 years ago not long before he died. We had the sale Notarized and went to the court house and moved the Deed into my name. Here we are all this time later with me believing I own the home paying Taxes every year as the Tax bill has been coming in my name. I'm trying to sell my home now but the Title office is saying that the quit/quick claim deed that I have is worthless and my home has to go through Probate. They say this because my mother who was still married to my step dad when the sale took place and who died in December 2022 didn't sign off or something along those lines.
We didn't know that it was necessary for her to sign off or she would have.
This was her home until she died and knew that that the house had been sold to me and was in my name.
A: Quitclaim deeds cause more problems than they solve and this is one of the reasons why anyone buying or selling real estate should have an attorney representing them in the transaction. You will now need to hire a real estate lawyer, one with probate experience, to review the deed and advise you what needs to be done.
Phillip William Gunthert and Terrence H Thorgaard agree with this answer
A: Florida is very protective of Homestead Rights, especially the rights of a surviving spouse, so generally, without a spouse joining or agreeing, a Homestead cannot be conveyed without agreement/signature/approval of the spouse, since this did not happen, it is likely you will need to revisit a probate for your dad and or mom in order to get these Homestead property matter addressed and resolved. As part of the probate, a Petition and Order to Determine Homestead will likely need to be addressed, if you have siblings and there is no Will, this could further complicate matters.
Stephen Arnold Black agrees with this answer
1 user found this answer helpful
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.
