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Probate or quiet title action?

February 19th, 2010 Leave a comment Go to comments

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.

  1. wingshooter08
    February 19th, 2010 at 05:43 | #1

    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 :

  2. wizjp
    February 19th, 2010 at 06:28 | #2

    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 :

  3. ify
    February 19th, 2010 at 06:37 | #3

    i can help you with that. the documents in your name may not mean ownership. we have to discuss more.
    References :

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