Legal Question in Wills and Trusts in Florida

My grandmother died and did not leave a will. There are three grandchildren who are the only living heirs to this property. Nothing has ever been probated and one of the grandchildren collects rent off the property still in the deceased grandmother's name. Are the other two remaining grandchildren have any legal responsibility towards this property or can they just walk away and not have anything to do with it?

Asked on 6/19/10, 11:03 am

3 Answers from Attorneys

Marc J. Soss Marc J. Soss, Esquire

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If the residence was your grandmothers home, at her death, then it was "Homestead" real property and passed by operation of Florida law to the three grandchildren at her death. The three grandchildren jointly own the property and are entitled to their share of the rent. To divest yourself of any interest in the property you will have to execute a deed in favor of the recipient.

Answered on 6/19/10, 2:58 pm

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Richard Kaplan

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Mr. Soss is correct. The 3 grandchildren own the property, and the failure of action to clear the title will create a problem for the grandchild who took ownership. They won't be able to sell or mortgage, though they may be able to obtain title through Adverse Possession.

At some point you and the other grandchild could bring an action to recover 1/3rd of the profits on the property.

Answered on 6/19/10, 3:20 pm

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