Frequently Asked Questions
How did you find me?
First we found the estate and determined that your relative that passed away in an online obituary and we used public records and found that they have Real Property (i.e. a house or land) located in Florida and you may potentially be an heir of the decedent.
I did not even know my relative died?
We certainly don't like to be the one that informs people, but it does happen from time to time that we contact a potential heir and let them know of the passing of the relative.
I have brothers and sisters. Will you contact them?
Maybe, but it is best that you contact them as well and begin to speak them about the potential that all of you may be heirs. If you are estranged from your siblings we can speak to you and collect the information and have someone contact them as well.
So what are my options if I am an heir?
That is what we would speak to you about and find out more about the estate, your siblings, and your relationship with them. Normally, within one call we can make recommendations to you.
What if I just do nothing?
If you do nothing, the likelihood is you will get nothing. If there is a mortgage on the house the bank will take it and if you do not file with the court in some manner the remainder of any homestead property exemptions will go to the state, and the state gives it to the school districts. I wrote an article on complacency in the articles section recently - check it out.
I am out of state and can't come back to Florida to sign or do anything. What then?
You don't have to, everything can be done remote through notaries depending on the path you wish to take.
What is the Homestead Exemption and how does it affect me?
Property comes with rights in the State of Florida under the Homestead Statute Chapter 196 Section 031 - 2018 ; and, those rights pass down to heirs if they follow the correct steps with the court and filing of a Summary Administration of the Will.
What happens to the Homestead Exemption if I decide to keep the property?
If you do not move into the property or make your primary residence, you will lose the Homestead Exemption and it will be subject to creditors from the existing estate and any creditors you may have.
What happens if the mortgage is not paid?
If the mortgage is not paid on a property, it will go into default; and, the mortgage company will likely begin foreclosure proceedings. Banks and Lenders were slow to do that during COVID, but they are doing it more rapidly now and catching up with their filings.
How much is this going to cost me?
We have to speak about what you want to do with the property to determine that, in many cases it will not cost you anything if you want to sell the home. We realize that the relative may have unpaid mortgages, property repairs, unpaid bills like car payments, a bunch of issues that can clutter an unknowing heirs life. That is why we need to speak to you and gather as much information to help you make the right determination.