Legal Question in Real Estate Law in Florida

sale of property

My step-son died, whom I owned property with. He has tax liens and other liens/debts.

I have right of survivorship.

If I sell the home will my share of the proceeds be intercepted even though they are not my debts?

Please give me an answer asap, want to go into contract before I lose this home.


Asked on 9/13/08, 7:38 pm

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: sale of property

My condolences to your family on the loss.

From your post I assume the tax liens and debts you refer to are related to the property in question. First, if the tax liens are on the real property then they will follow the real property no matter who the owner is. Depending on the other liens and debts they may be payable from the proceeds of a sale even though you have the right of survivorship.

You should consult with an attorney to review the deed and the transfer of the property. There are several facts which could impact the outcome of your situation. Including when the deed was entered with you and he as joint tenants with rights of survivorship.

Your step-son's estate should be Probated and the issue of creditors will be addressed through the process. If he had any other assets then those can be used to pay creditors. You have several options, but you should consult with a Probate attorney who should be able to assist you with the Probate and creditor issues.

Good Luck.

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Answered on 9/14/08, 8:28 am


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