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Updated over 8 years ago on . Most recent reply

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Pam Truesdell
  • Georgetown, FL
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who owns the home now?

Pam Truesdell
  • Georgetown, FL
Posted

Hi if I can get some info. Is this for Florida only or other states? We live in Florida. My grandparents home was left to my Dad & his brother & his sister. No spouses names were added to the deed just the 3 siblings. The sister recently passed away. So now just my dad & my uncle left. Who owns my aunts share of the home? Does my dad & uncle get her share or does her husband? My aunt had no will. My dad & uncle want to sell the place but we have this question. None of us can afford a lawyer to ask a simple question.

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Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
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Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
Replied

What you own is your "estate."

That's includes your equity in real property.

When you die, your estate in most jurisdictions paases immediately to your heirs, subject to the administration of the estate by someone empowered to do so.

That person would either be the executor (if named in a will) or administrator (if not named in will or no will). Personal representative is a generic term referring to all such persons. All are subject to court powers and local state laws and rules of court. 

Since deceased people don't sign deeds posthumously, someone needs to be empowered to transfer, absent a secured creditor foreclosing or similar 3rd party action.

Hope that helps clarify.

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