QUESTION
Living in Texas, inheriting property in FL, where do I begin?
Asked on Jul 03rd, 2019 on Estate Planning - Florida
More details to this question:
I desperately need some direction as I have no idea where to begin. I currently reside in Texas and my aunt in Florida just recently passed away unexpectedly. There is no will and she was the sole person on the mortgage. Her only son unfortunately wants nothing to do with the property and is planning on allowing it to foreclose unless I somehow find away to take it up in my own hands. She owes 142k on the property with it last being appraised at approx 190k. I only have the funds to pay the mortgage for a few more months as I was planning on getting a tenant in the home until I can reside in it full time. Is this something as as simple as just probate? Could I still rent out the home until that is granted? Would I be able to insure the home? Thank you for reading!
1 ANSWER
2 Awards
Please contact a Florida probate attorney in the county in which your aunt held property and died. It does not appear that you have any right to the property. Do not spend money on the mortgage: even if her son disclaims his inheritance, it will pass to his children, not to you. You will have to file a claim against the estate and prove that this was a loan to the estate, not a gift. Under most states' inheritance laws, nieces and nephews can only inherit if there are no children (or children of children who disclaim), parents, aunts or uncles.
Answered on Jul 04th, 2019 at 5:22 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.