Legal Question in Real Estate Law in Florida

Owner of Property Deceased

My parents (both deceased) have property in Florida, I have the deeds and have been paying the taxes. On all other property I was on the deeds and bank accounts, but this was overlooked. I am an only child and as such everything was essentially mine. I do have their Will but never went to probate since it was not necessary. In order to sell this property (both vacant lots), is there anything I can do besides go to probate with the will?


Asked on 5/24/04, 9:31 pm

4 Answers from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: Owner of Property Deceased

Presuming your parents were non-Florida residents, you will need to do an ancillary probate in Florida, as well as a probate in Wisconsin. If title was in both parents names, you may have to do one set for each, since you don't have a living spouse to sign an affidavit of transfer. Things should still be fairly simple, but just a lot of paperwork.

There may also be a tax issue. You didn't say how title moved to you on the other property. But if your parents had an interest in property at their deaths, and if the value reaches a certain level, the impact and timing of filing tax returns must be considered.

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Answered on 5/25/04, 10:58 pm
David Slater David P. Slater, Esq.

Re: Owner of Property Deceased

No, you must be appointed executor of their estate by the court.

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Answered on 5/24/04, 9:53 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Owner of Property Deceased

The best way is for the Estate to be administered with you being the personal representative. As the pr, you can execute a deed from the estate to you.

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Answered on 5/24/04, 9:56 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Owner of Property Deceased

A probate estate must be opened and you would likely be appointed the personal representative of the estate, at which time you can take the appropriate action on behalf of the estate. You should consult with a lawyer experienced in handling probate matters. I do not handle such matters, but I can recommend you to a qualified attorney who does, and who is respected by the probate judges in South Florida. I can assist you with the sale of the property once the probate matter is resolved. If you are interested in learning the probate attorney's contact information, please call my office. 305-424-0236.

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Answered on 5/24/04, 10:40 pm


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