Legal Question in Wills and Trusts in Florida

My great grandparents passed away years ago, leaving a property without a will. All 5 of their children have since passed. The property has not been vacated in decades. Only grandchildren are left. Can my mother pay the taxes and claim the property> She is the oldest child of my great grandparents oldest child. What are her rights to claim?


Asked on 10/12/14, 11:15 am

2 Answers from Attorneys

Ronald Jones Ronald A. Jones, PA

You probably need to bring a probate on at least one of your great grandparents, depending on how the property was titled, and you may have to bring a probate on one or more of the deceased children, depending on whether they had a will or not and whether any probate had been brought on them. Chances are that you are going to wind up with a bunch of grandchildren owning bits and pieces of the property. As far as the tax strategy goes, your mom might be better off simply not paying the taxes, buying a tax certificate and then buying the property when it goes to a tax deed sale; but at that point she's probably going to have to bring a quiet title suit as well. She really needs to go over the details with a lawyer and see whether it is worth throwing more money at this property, how much it would cost and what the property is worth at this point.

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Answered on 10/13/14, 6:35 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

The property passes under intestacy laws from your great grandparents down through the next generations. Seeks legal advice on how to proceed. Paying the taxes does not give a claim to the property unless a tax certificate and than a tax deed are sought and that will requires years to go by.

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Answered on 10/13/14, 7:04 am


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