Legal Question in Real Estate Law in Florida

Death and Real Estate

1) Sole owner of parcel of land bought in 1980 is deceased 1993. Owner has no will.

2) Tax bill sent ''c/o'' deceased wife PO Box address

3) Taxes paid on parcel of land until 2001

4) Wife passes away 2002, with a will.

5) No taxes paid on land from 2002 to present

6) No mention of land in any will, or distribution from estates.

7) Can I purchase land? If so, how????????


Asked on 4/21/05, 5:32 pm

4 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Death and Real Estate

"Rightful" Heirs or "Next of Kin" at law (usually a blood relative) may acquire the right and authority to own and transfer property, notwithstanding an omission to include [the] property in a Will.

So, you should ask YOUR LAWYER, to initiate a "due diligent" search for the rightful heirs and next of kin, at law, before attempting to proceed further.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 4/28/05, 11:50 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Death and Real Estate

Retain counsel.

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Answered on 4/21/05, 5:58 pm
David Slater David P. Slater, Esq.

Re: Death and Real Estate

From PR of wife's estate.

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Answered on 4/21/05, 7:56 pm
John O'Donnell Attorney at Law

Re: Death and Real Estate

A Will does not have to explictly refer to the property to be distributed. It may contain a clause that provides for distribution of all property.

The Will would have to be reviewed and then probated before you could purchase the land.

If you decide that you need an attorney, please feel free to cotnact me (718) 491-3345.

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Answered on 4/22/05, 11:21 am


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