Dealing With Multiple or Simultaneous Deaths in probate

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Sometimes when it comes to inherited property, such as a family home, many generations will live in the same house for decades. As long as the mortgage is paid and the property taxes are taken care of, there is no danger that anyone will try and deprive a family lineage of their ancestral home. That is, however, until a matter of title to the property arises and suddenly a 4th or 5th generation inhabitant suddenly comes to realize they don't "own" their property quite the way they thought they did.

In Florida, anyone can pay the property taxes for any property at any time. County governments do not require that anyone prove they have an interest in the property being taxed before accepting their money, and why would they? Counties know how much they are owed and if the books are balanced by the end of the fiscal year why should it matter who actually put up the money to keep everything balanced? As a result of this, sometimes the great-great grandson of a now deceased owner is still living in the same home they once owned and has been paying their property taxes so they believe that the house is fully theirs. If they should then decide to sell or grant title of the property of that house to someone else, such as their spouse, they will find that if probate wasn't properly administered upon the death of their great-great grandparent, they will not have the legal authority to do so.

Upon the death of a homeowner, their estate retains ownership of their property until the probate process is carried out to determine who are the rightful heirs of the property and a judge has ruled that the property should pass to them. Sometimes, whether through grief, or lack of affordability, or just a general distrust of the legal system, heirs will continue to inhabit a home that is still in the name of their deceased ancestor while maintaining the property and paying their taxes just as they would if it were their name on the deed. Unless the deed signed by the decedent grants full rights of survivorship, ownership of the property will remain in the estate of the decedent until probate is completed.

A scenario like this raises other issues as well: what if my great-great grandfather's estate owns the house I live in and all the heirs before me, being my great-grandfather, grandfather, and father are also all dead? In that case the solution comes down to the order of their deaths and whether or not those decedent's left valid wills in place.

For example: If a man dies leaving a valid will to direct the inheritance of his estate, and he has 3 living children at the time of his death and no living spouse, then the property will be evenly divided in thirds amongst his three children. In the same example, if one of his children dies after his death, then that child's heirs will divide his one-third share amongst them in shares directed by either that child's will or the Florida Laws of Intestate succession, but in order to receive their inheritance, probate must also be initiated for that child's estate and a Personal Representative appointed in order to accept their share.

But what if the same decedent, having had three children in his lifetime, dies after one of his children? In this case, if the estate is intestate, the grandchildren will still inherit the one-third share their parent was to receive, but probate is not required to do so, since the property is passing directly from their grandparent's estate to them. In the example laid out at the beginning of this passage, where a great-great grandson has inherited his house but probate has not been initiated for any of his preceding ancestors, and assuming they all outlive their children and leave wills directing their children receive their property, they would need to file four separate probate administrations in order to lawfully take possession of their home property and prevent any potential issues with chain of title.

This is more common than many would expect, and some clients are surprised to find out that not only is probate necessary but multiple probates must be filed. Conceptually, this is due to the fact that a living person must step in to represent the authority of the deceased. Think of it like this: a dead person can't consent to anything, let alone sign their name to anything, so when a deceased person is receiving property through inheritance, someone must be appointed by the court to sign on their behalf. These rules are set in place to prevent fraud, as someone claiming to be the heir to a piece of property that is 4 generations removed from them likely did not even know their great-great grandparent, and must therefore provide proof of their relation to them. The probate process is the mechanism by which this is proved through evidence.

In the example from earlier involving the great-grandson and four separate probates, it's completely possible and fully legal for him to be the Personal Representative of all four estates and consent on each successor's behalf all at once, assuming there are no other living family members. While this may seem cumbersome, it's necessary to ensure that each ancestor's will is validly carried out and a clear chain of title is preserved. Like any chain, if even a single link is missing, the chain is broken.

If you have questions about Probate issues, don’t wait—make sure your legal rights are protected. Call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.