Legal Question in Real Estate Law in Florida

Value of Property

I would like to know if the value of a home is

determined at the death of the owner or the value of the

house at the time the probate case is closed?

Is there a law that I can look up concerning this?


Asked on 12/17/04, 1:14 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Value of Property

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The value of the property is generally valued as of the date of the death of the decedent for probate and IRS purposes. If the property was placed in a trust, then the value for the purpose of establishing the basis is the same as that of the original owner when he/she purchased it.

Scott R. Jay, 305-249-8000

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Answered on 12/17/04, 2:52 pm


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