Legal Question in Real Estate Law in Florida
Can my mom take over full ownership of a property she 1/2 owns?
My mom is 1/2 owner of a Fla. property. Her cousin's name (who died in 1987)is still listed on the deed. This cousin left no will and his 3 sons have said (in Dec. 2003) they are going to probate court to get their names on the deed. My mother has been taking care of the property for almost 20 years and has been solely responsible for maintianing the property and keeping it from going into foreclosure. The sons of my mom's cousin knew that there was no will, and have known about this property since at least 1997. Does my mom have any legal rights to take ownership of the entire property as her own since she has been the only owner paying proprety taxes on it? It has been almost 15 years since the other owner died and she has had to borrow money at times to pay taxes just to keep from losing the property. We're not completely certain if these sons are actually going to probate court or not (they lied to my mom in 1997 and told her that there was a will--but would never provide her with a copy of it). I know it's a confusing situation, but thanks for any help you can provide.
2 Answers from Attorneys
Re: Can my mom take over full ownership of a property she 1/2 owns?
As heirs they are entitled to their mothers share.
Your mother is entitled to an equitable lien on their share for their share of the expenses she paid for. Suggest your mother buy them out.
Re: Can my mom take over full ownership of a property she 1/2 owns?
See previous reply. One should see the deed to really know how the property was owned. Consult with a probate atty.
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