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Can I own a home if I pay property taxes and been living…

Can I own a...

Can I own a home if I pay property taxes and been living here for over 7 years? I live in Florida, the owners of the home are dead and there is no will. There is 3 living adult children who are willing to sign the home over to us

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

My husband grew up in this house, it originally belonged to his mother and step-father? When his mother died , his step father decided to change the ownership of home to his parents name out of spite to my husband.

Lawyer's Assistant: What documents or supporting evidence do you have?

His step-father died, and his step-father's parents are also dead (owner's of home). His step-father has 3 living brothers/sisters. They are all willing to sign the home over to my husband.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

But there was no will

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Answered in 4 minutes by:
3/12/2018
Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 4,186
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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There is a possibility that you can make an adverse possession claim of the home because you have lived there for 7 years and paid the taxes. But there could be an easier way since you are saying the owner of the home's heirs agree that you can have the home.

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Customer reply replied 1 month ago
The problem is that the owner's of property are dead and they left NO will. Do the 3 living children automatically become owners? or does the estate have to be probated?

In either case, an adverse possession claim, or to get the name in the heirs' name, there has to be a representative of the estate to (1) either sue for adverse possession; or (2) transfer the property to the heirs. Technically, but what is called operation of law, the children would inherit, but there still would have to be an deed to transfer the property to you and someone would have to have approval to sign the deed. The only way to get it is through the estate administration process. So, either way, there would be some steps involved in order to get the home in your name.

I know this is not the exact answer you would have hoped to have heard but it is better for you to know what is expected in this situation.

We can continue to discuss this if you want. Just let me know.

If you are satisfied with the services I provided to you, please provide a positive rating between 3 and 5 stars at no additional charge to you so I can get credit or helping you. Again, if you have a follow-up question, just let me know. Best regards.

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Customer reply replied 1 month ago
basically, I have to hire an probate lawyer to get this done. In your experience how much does this cost?

Yes. You would have to get the heirs to open an estate proceeding. Or worse case, you could see if you can open one. You would need to hire a local attorney. Usually, this would be on an hourly basis with an initial retainer amount fo $5,000.00. The attorney would deduct the hourly rate from the retainer amount.

We can continue to discuss this if you want. Just let me know.

If you are satisfied with the services I provided to you, please provide a positive rating between 3 and 5 stars at no additional charge to you so I can get credit for helping you. Again, if you have a follow-up question, just let me know. Best regards.

Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 4,186
Experience: Helping you with your legal questions.
Verified
Damien Bosco and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 1 month ago
During this process, one of the three heirs is named the representative of the property or do all 3 decide what happens to the property?

One of the three heirs can be named the personal representative of the estate. For the estate representative to transfer the property to you, the three heirs (which includes the one handling the estate), would have to waive their right to the property and agree to transfer the property to you. OR, the personal representative would transfer the property to the heirs who then can transfer it to you.

We can continue to discuss this if you want. Just let me know.

If you are satisfied with the services I provided to you, please provide a positive rating between 3 and 5 stars at no additional charge to you so I can get credit for helping you. Again, if you have a follow-up question, just let me know. Best regards.

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Category: Estate Law
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