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

Answers:

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. 


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