Legal Question in Real Estate Law in Florida
Transfer of property after death
I need advice on how to handle a cloud on real estate title of unimproved land in the Ft. Myers, Florida area. The steps to the problem are: Father purchased land in or around 1975 as sole owner, even though married at time. He passed away in 1986 with a Will executed 50 years ago while he was in the Army stating everything goes to his wife upon his death. Probate wasn�t done after he died, because they live in California (community property state) and the property stayed deeded to him. The mother now has tried to grant the property to her son via a Warranty Deed, but the real estate agent says because there is no clear transfer between the father and mother there is a cloud on the title. What needs to be done to transfer the title to the mother so she in turn can deed it to her son?
Thank you.
1 Answer from Attorneys
Re: Transfer of property after death
As you correctly indicate, Florida law will apply, and therefore you need an answer from, or to retain, a Florida attorney. If this were a California property, I would say you need to file a quiet title suit, rather than a suit to remove cloud on title, since the problem goes beyond a mere cloud - mother has (of record) not a clouded title, but no title.
A starting point might be to visit a California attorney who handles a lot of family law matters, to determine if there is anything that needs to be done HERE first - the property is perhaps quasi-community property (I'm not a family law expert) and if the will was subject to probate here, it is possible there are California issues that need to be handled before the proceeding in Florida.
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