Probate or quiet title action?
Mom died intestate back in 1998, down here in Florida . I have been on record as being the title holder to the house ever since — even tho her estate never went thru Probate.
A recent title search resulted in a failure to establish the "chain of title" from Mom to myself.
Since Mom’s death the taxes have been paid by me; the mortgage is in my name; the deed on record shows that I am entitled to the property and has been on record since 1998.
My options so far appear to be either proceed with a "Summary Administration" in the Probate Court; or, to file a "Quiet Title Action".
Do I have any other options ?; and what would be the best choice to entitle me to the property?
Avoid a quiet title action if you can. Failure to establish a chain just means the property hasn’t cleared probate and the estate hasn’t resolved her interest; but if the deed of record shows you as an owner, this is just a continuing probate problem and her estate needs to be resolved; at which point if you were in title as joint tenants her death certificate will resolve the issue.
Probate court; but get an atty opinion.
Being entitled to the property is one thing but being In title to the property is another. Either probate or do the Quiet title action. I would do whatever costs you the least!
References :
Avoid a quiet title action if you can. Failure to establish a chain just means the property hasn’t cleared probate and the estate hasn’t resolved her interest; but if the deed of record shows you as an owner, this is just a continuing probate problem and her estate needs to be resolved; at which point if you were in title as joint tenants her death certificate will resolve the issue.
Probate court; but get an atty opinion.
References :
i can help you with that. the documents in your name may not mean ownership. we have to discuss more.
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