QUESTION

How do you get a house in your name?

Asked on Feb 13th, 2012 on Estate Planning - Florida
More details to this question:
My fiancé’s mother left her house to him and his two brother's in her will. She has been deceased since 2001, and my fiancé' has been paying all the bills, as well as property taxes since she has passed. His brother's have not lived here or helped with any expenses in keeping the house. Him and his brother's do not talk nor get along. How would we go about getting the property in our/his name? Should we run an ad in the paper in their county for 30 days to see if they respond or what?
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2 ANSWERS

There is nothing you can do to legally force the title of the entire property into the name of your fianc? but he could demand payment of the expenses of maintenance; however, if he's collecting rent or living in the property the cost their expenses may be offset by their entitlement to share in the rent. There is also an action called Partition that would force the sale of the property and the owners would share in the profits of the sale; however, your fianc? would be able to recoup his brothers' share of expenses for which he paid (thus reducing how much his brothers received from the net proceeds). If he is not interested in selling the property, this may not be a good idea. Lastly, he could also offer to buy out their interest in exchange for their interest in the property.
Answered on Feb 15th, 2012 at 12:31 PM

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Probate & Trust Attorney serving Coral Springs, FL at Richard J. Kaplan, P.A.
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You need to file a probate proceeding and give notice as best you can. It may even require by publication, but only after it is set up properly to do. Ultimately a court order will be issued declaring the ownership. Issues related to partition may occur subsequently and may result in another court proceeding. You will need the assistance of an Attorney and cannot proceed without one in court.
Answered on Feb 14th, 2012 at 1:17 PM

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