Gulf Breeze, FL asked in Real Estate Law for Florida

Q: Owner of property died in 2021. He left me a gift letter for the "value if the house". There is a mortgage and + equity

No will, no probate filed. I was the deceased domestic partner. Two heirs apparent who signed affidavits that they don't want the property

No appraisal since 8 years ago.

I have been caretaking the property for the last 3 years.

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3 Lawyer Answers

A: Do you have a question? Assuming the "gift letter" doesn't qualify as a will, you would have no legal interest in the property. You might want to ask the heirs if they would be willing to assign their interests to you. Or you could bid at the foreclosure sale.

Barbara Billiot Stage and Phillip William Gunthert agree with this answer

A: A copy of the letter and property deed would need to be reviewed, and some version of probate would need to be done, in addition since there is no Will, it would be an intestate estate and Florida Statutes would apply, it would have to be determined who has rights, likely any children first and they would have to agree to assign their interest to you in order to try to accomplish this result as you have stated.

Barbara Billiot Stage agrees with this answer

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