Legal Question in Real Estate Law in Florida

I am married, but living separate from my husband. My question is : if he passes, am I responsible for any owed property taxes? My name is not on the tax bill. This property is inheritance property and to my knowledge can not be sold, only the property can be inhertited, I am not really sure if as his wife I can inherit the property. Maybe you can advise, Thank you1


Asked on 3/02/15, 7:43 am

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Response to this question is not intended to create an attorney client relationship and is a general response based on Florida law and the hypothetical situation described by the poster.

If a person is not listed on the deed they would not be legally responsible for the taxes. However, if a spouse dies without a will and is still legally married, the surviving spouse may be entitled to receive his estate by way of Florida intestacy laws (provided he lives in Florida), unless there is a deed restriction preventing the transfer to the surviving spouse. If there are taxes owed on the property at the time of death, then the person(s) inheriting the property would be responsible for paying those taxes. If someone entitled to inherit doesn't want the property they can disclaim their interest in the estate and allow the property to pass to the next party in line.

It is generally best to consult in person with an attorney regarding these matters as there are numerous factors which could determine the appropriate outcome.

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Answered on 3/02/15, 7:58 am


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