Legal Question in Real Estate Law in Florida
MY husband and I own a condo in Indian Shores Florida. If someone puts a lean on the property
and my husband and I die. Will this lean be passed on to my children and will they be responsible
to pay if they decide to sell the condo.
3 Answers from Attorneys
The short answer is yes. The kids cannot collect the value of the property without satisfying the lien first. This is true for testate and intestate succession.
BTW, you should leave your kids a will, a desigation of heathcare surrogate, a DNR order (while you are still sane) and an original peice of paper which tells them where your property is located and how you want to be buried. Don't go out intestate, unless you really trust each of your kids to do what you would want and they are all adults.
The lien attaches to the property. It is sold to satisfy the lien. What is left, if anything, goes to the kide. They are not responsible for it; the property is.
The lien is for whatever property the lien specifies. Sometimes, a party will claim that you owe money (which you may or may not) and file a claim of lien against you and your property. You can contest the claim of lien. I also agree that you should do some basic estate planning to make things easier for your kids. I have useful information on estate planning at my website www.floridawillmaker.com. Regards,
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