Legal Question in Civil Litigation in Florida

I will be inheriting my mother's house upon her passing. It is currently under homestead. She will also have a judgement against her. I do not have a homestead so when I inherit her home, will the homestead pass directly to me? If I want to sell it do I need to satisfy her judgement first? Thank you.


Asked on 5/31/10, 5:43 pm

1 Answer from Attorneys
Troy Smith

She should transfer her ownership to a life estate, therefore you will own it but she has possessory interest until she passes. That way you avoid estate tax issues. If a complaint has been filed against her and a lis pendens filed, or if a judgment is already recorded against her, then it will run with the property. Your ownership will be subject to the judgment lien. You will need to satisfy the judgment to transfer marketable title free and clear of encumbrances.

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Answered on 6/08/10, 2:36 pm


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