Legal Question in Real Estate Law in Florida

Hello. My question is in reference to a piece of residential property in Florida that I am leasing. I lease from one person who I understood was the owner of the property until this landlord asked me if I would be willing to purchase the property. I went to the county property appraiser's website to find that the property is in her deceased mother's name. Am I correct that this property must go through probate before it can be sold since the landlord has two siblings. Additionally, is my lease valid with this landlord for the same reason. Thank you for your response.


Asked on 7/25/16, 1:20 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Really quite impossible to answer your inquiry without seeing more documentation. The listing at the property appraiser's office is not dispositive of the actual legal title holder to the property. A property search must be done to determine that actual legal owner. Probate may or may not be needed depending on who the actual legal title owner is per the public records. Hire an attorney if you have any further issues. if your landlord has a possessory right to the property than your lease would be valid.

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Answered on 7/25/16, 1:49 pm


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