What are my rights to property from my late mother?

Mother passed unexpectedly 6 years ago. My brother has been staying on her property which was under homestead exemption for her. Now the property appraiser wants those 6 years back taxes. My brother is pretty much indigent and can no way afford this. I can however and would like to not lose the property. We do not get along very well. What legal recourse if any do I have on this matter. If I pay the taxes will the property revert to me?

Asked on April 17, 2014 under Estate Planning, Florida


Nathan Wagner / Law Office of Nathan Wagner

Answered 6 years ago | Contributor

No, the property will not pass to you simply because you paid the taxes. You will have to look at the most recent deed to the property. If it is in your mother's name alone, you will probably have to go through probate court to get it transferred. Her will (if she had one) would determine who gets the property. If she had no will, the property would go to her spouse or children. This situation can get complicated quickly, so it would be a good idea to talk to a local probate attorney or real estate attorney. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.