Real Estate Law
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Is title held as tenants in common? I assume that it is. It is held as tenants in common if the various owners are named on the deed and no reference is made to the owners as "joint tenants" or "joint tenants with right of survivorship" or similar joint and survivorship language.
I think so, my Dad's will stated the property went to his surviving children, naming Myself and 2 brothers. It went on to state that should a child die, then his share would go to his children which he has 3 boys.
So that is where my brother and I own 1/3, and my bothers kids own 1/9 each.
Have you completed a probate already so that title is held in your names? If not, then no lien would be permissible against title to the property as your brother would not own any interest. He would only have an interest in the probate estate. If title is already held in your names, then only that portion that your father still owned at his death would be part of his probate estate.
Yes, we have completed a probate in 2010 and our names are XXXXX XXXXX the property, the lien was placed shortly after that was done because my nephew's name showed up the property.
This is a link to the property shown on the Seminole County appraiser page. http://www.scpafl.org/ParcelDetails.aspx?PID=08-21-30-502-0B00-0060
Okay, thanks for the clarification. In that case, the property is owned as tenants in common since ownership was derived by the probate decree. In that case, the lien can only attach to his 1/9 interest, so that payment to satisfy the lien will only go up to 1/9 of the sale proceeds (which is what he is entitled to receive). I would recommend having a local attorney get involved to ensure no more than the 1/9 interest is encumbered and everyone elses' interests are protected (as should be the case). Again, the lien can only encumber what he owns and nothing more.
Ok, That is what I thought. Do you know any good lawyers in Seminole County Florida?
I don't and unfortunately JustAnswer prohibits me from making a specific recommendation anyway. However, I have found that state and county bar associations are good places to start. In addition, www.martindale.com is a very good website that even attorneys use to find other attorney to associate with. The site rates attorneys. Anyone with a rating, BV or AV is quite good. BV attorneys are very good, but usually just younger and not as experienced (but quite capable of handling a matter they purport to be able to handle). You would want a real estate attorney.
Ok, Thank you for your help.
You're welcome. Please let me know if I can help with anything in the future. Have a great day!