Tax Deed - Deceased owner FL

[Jonathan B.]

Hi Guys,

- How does a buying a tax deed property with a deceased owner with no heirs impact the ability to file a quiet title?

does it make any difference if he had any heirs? OR the tax auction occurred during a probate process ?

Thanks

[Darius Ogloza]

We are.  For an auction to be binding on a property owner, as a general rule, the property owner must receive notice of the auction.  Make sense?  You can't auction off someone's property without letting them know about it.  Now, if the owner is dead, he can't be notified.  The administrator of the late owner's estate may or may not have received notice of the auction.  If no notice was given, then the administrator/heir likely has the right to challenge the binding effect of the auction on the late seller for lack of proper notice.  Again, a Florida admitted lawyer could advise you but these general principles are very likely to apply.