Legal Question in Wills and Trusts in Florida
i jointly owned a home in florida with my ex spouse/ she passed away and home was never sold while both of us were alive. now the tax notice and appraisals show up with my name ame the estate of. making it a problem for sale? how do i fix this. i have a grown son who is the hier to her estate( no will was ever written /recorded)-do i sell the house to my so or vice versa-via quit claim deed ? we both want to move on with a sale of this time/yr.
3 Answers from Attorneys
If the home was jointly owned, when your ex spouse died, you should have owned it outright.
However, I suspect it was not jointly owned, but owned tenants in common (an undivided half w/o right of survivorship). Otherwise, her estate would not be on the tax bill.
If so, then you pay off the tax bill. They don't care where the money comes from. Then you need to resolve the ownership issue.
Your ex wife.s estate must go through probate to determine who inherits her share of the house.
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