Legal Question in Wills and Trusts in Florida
Settling ownership of property without will
My grandmother recently died and had no will. She had 3 daughters and one of them lived in the home that my grandmother owned. That daughter has been making mortgage payment for several years and believes the home should be hers. Who owns the home now according to Fla. laws?
Asked on 6/07/08, 6:08 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
Re: Settling ownership of property without will
All 3. The one paying may have an equitable lien for reimbursement.
Answered on 6/08/08, 10:27 am
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Re: Settling ownership of property without will
It needs to go through probate.
The three daughters own the home, but the daughter living there will get credit for the mortgage and other payments to the extent that they exceed fair rental for the home.
Answered on 6/08/08, 11:19 am