Navigating Real Estate Disputes and Probate in the State of Florida

Effective Real Estate Dispute Resolution

STEP ONE: Personalized Consultation & Case Evaluation

Your journey with MTM begins with a comprehensive consultation to assess your unique circumstances. We'll listen to your concerns, thoroughly review the details of the estate dispute, and explain your legal options in clear, straightforward terms.

STEP TWO: Strategic Development of Your Case

Our skilled real estate litigation lawyers will meticulously analyze the legal issues involved in your case. We'll develop a tailored strategy to protect your interests, whether it involves negotiation, mediation, or aggressive representation in court.

STEP THREE: Step Three: Resolute Advocacy & Effective Resolution

We'll stand by your side throughout the litigation process, advocating for your rights and working tirelessly to achieve the best possible outcome. Our goal is to resolve the dispute efficiently and fairly, allowing you to move forward with peace of mind.

Why Choose MTM for Estate Litigation in Florida?

When disputes arise over a loved one's estate, navigating the complexities of litigation requires experienced and compassionate legal guidance. At MTM Law Firm, we understand the emotional weight of these situations and are dedicated to protecting your rights and ensuring a fair resolution.

Streamlined Approach

We understand the urgency of resolving estate litigation matters. Our team prioritizes efficiency, working diligently to streamline the legal process and minimize delays, allowing you to move forward with peace of mind.

Clear Legal Expertise

Florida law provides a clear framework for estate litigation, outlining procedures and deadlines that must be met. Our skilled real estate litigation lawyers possess a deep understanding of these laws and will guide you through every step, ensuring compliance and protecting your rights.

Expert Representation

Estate litigation often involves complex legal arguments and negotiations. At MTM Law Firm, we'll provide you with the expert representation you need to navigate these challenges effectively. We'll advocate for your best interests in court, ensuring your voice is heard, and your rights are protected.

If you have questions about Probate or Real Estate Litigation issues, call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.

Frequently Asked Questions Regarding Real Estate Litigation

In Florida, can a will prevent a homestead property from going to the deceased's spouse or minor children?

No, a Florida will generally cannot prevent homestead property from going to the deceased's spouse or minor children. The Florida Constitution, under Article X, §4(c), severely restricts the devise of homestead property to protect the surviving family. If the decedent is survived by a minor child, the homestead cannot be devised by will to anyone, even the surviving spouse. The law mandates that the property automatically descends to the decedent's lineal descendants, subject to a life estate for the surviving spouse. However, if the decedent is survived by a spouse but no minor children, the will can properly devise the entire homestead property to the surviving spouse. Any attempt in a will to leave the homestead to someone other than the spouse (when a spouse or minor child survives) is invalid. The only way to bypass this constitutional restriction is if the surviving spouse validly waived their homestead rights, typically via a prenuptial or postnuptial agreement. Therefore, the homestead laws supersede a will's terms to ensure the family home remains with the immediate family.

What if the real estate is owned jointly with another person? Does it need to go through probate?

Whether jointly owned Florida real estate must go through probate depends entirely on the specific form of co-ownership. If the property is held as Tenancy by the Entirety (exclusively for married couples) or Joint Tenants with Right of Survivorship (JTWROS), it bypasses probate. In these arrangements, the deceased owner's interest automatically vests in the surviving co-owner(s) by operation of law. For a married couple holding property as Tenancy by the Entirety, the surviving spouse becomes the sole owner without court involvement. Similarly, for JTWROS, a certified copy of the death certificate is usually all that is needed to clear the title record. However, if the real estate is held as Tenants in Common, the deceased person's proportional share must go through the Florida probate process. The deceased tenant in common's share does not automatically pass to the surviving co-owners but instead passes according to their will or Florida's intestacy laws. Therefore, the specific vesting language on the deed is the critical factor in determining if probate is necessary for jointly owned property.

Can I file a legal claim to stop the sale of a property during probate in Florida?

Yes, an "interested person" in a Florida probate case can legally file a claim or objection to stop a property sale, but the success depends on the circumstances. Under Florida Statute §733.613(1), if the will does not grant the Personal Representative (PR) the specific power to sell the real estate, the PR must petition the court for authorization. Interested parties, such as beneficiaries and heirs, must be given notice of this petition and have the opportunity to object. A successful objection typically argues that the sale is not in the best interest of the estate, perhaps due to an inadequate price or lack of necessity. If the PR does have a power of sale specified in the will, they can generally sell the property without prior court approval or a showing of necessity, making it much harder to stop. However, a beneficiary could still petition the court to revoke the PR's Letters of Administration if they are committing fraud, mismanaging the estate, or acting with a conflict of interest under Florida Statute §733.608. Additionally, Florida's constitutional homestead protections can sometimes block the sale of a decedent's primary residence without the consent of all inheriting heirs. Ultimately, a formal objection must be filed with the probate court, usually with the assistance of an attorney.

Can the Personal Representative sell the property without the consent of all heirs in Florida?

In Florida, the Personal Representative (PR) can often sell non-homestead property without the explicit consent of all heirs, depending on the will's terms. If the decedent's will grants the PR a general or specific "power of sale," then under Florida Statute §733.613(2), court authorization is not required for the sale. This provision allows the PR to sell the property to manage the estate, such as paying debts or facilitating equal distribution to beneficiaries. Conversely, if the decedent died without a will (intestate) or the will does not contain a power of sale, the PR must obtain a court order to sell the property. In this court-supervised scenario, all interested parties, including heirs, must be given notice and have the right to object to the sale. A critical exception is homestead property—the decedent's primary residence—which often transfers directly to the heirs outside of general probate administration. For homestead, the PR generally cannot sell it unless the will specifically directs the sale, or unless all heirs who inherited the property consent. The PR must always act reasonably and in the best financial interest of all beneficiaries, regardless of whether a formal consent is required. Therefore, an heir's ability to stop a sale depends on whether the property is homestead and the precise language of the will.

Do I, as an heir, have to pay the deceased person's mortgage or property taxes in the State of Florida?

As an heir in Florida, you are generally not personally liable for the deceased person's mortgage or property taxes. These financial obligations are debts of the decedent's estate, which must be managed and paid by the court-appointed Personal Representative (PR). During the probate process, the PR is responsible for using estate assets to pay all valid debts, including delinquent property taxes. Property taxes are classified as a priority debt, meaning they must be paid before most other creditors receive payment. However, a mortgage is a secured debt that remains attached to the property, not the heir personally, under Florida law. If the property is to be kept, the heir must assume the mortgage payments or satisfy the loan to prevent the lender from foreclosing. Conversely, if property taxes become due after the property is officially transferred to the heir, the heir then assumes responsibility for all future tax payments. Therefore, your personal liability is limited unless you co-signed the original loan or fail to pay new obligations after receiving the title.

Probate and Real Estate Litigation Lawyers serving Polk County Florida, including: Lakeland, Winter Haven, Bartow, Auburndale, Babson Park, Bowling Green, Bradely Junction, Brewster, Combee Settlement, Crooked Lake Park, Crystal Lake, Cypress Gardens, Davenport, Dundee, Eagle Lake, Fort Meade, Frostproof, Fussels Corner, Gibsonia, Green Pond, Haines City, Highland Park, Highlands City, Hillcrest Heights, Jan Phyl Village, Inwood, Kathleen, Lake Alfred, Lake Hamilton, Lake Wales, Lakeland Highlands, Mulberry, Polk City, Willow Oak, Wahneta, Waverley, Hillsborough County Florida, including: Tampa, Brandon, Plant City, Citrus Park, Temple Terrace, Apollo Beach, Balm, Bealsville, Bloomingdale, Cheval, Dover, Egypt Lake-Leto, Fort Lonesome, Gibsonton, Greater Carrollwood, Greater Sun Center, Gulf City, Hopewell, Keysville, Lake Magdalene, Lithia, Lutz, Mango, Orient Park, Palm River-Clair Mel, Pebble Creek, Progress Village, Riverview, Ruskin, Seffner, Sun City, Thonotosassa, Town 'N Country, Turkey Creek, Valrico, Westchase, Wimauma, Ybor City, Orange County Florida, including: Orlando, Maitland, Apopka, Winter Park, Alafaya, Bay Lake, Belle Isle, Bithlo, Christmas, Doctor Phillips, Eatonville, Edgewood, Fairway Shores, Goldenrod, Gotha, Hunter's Creek, Lake Buena Vista, Lockhart, Meadow Woods, Oakland, Ocoee, Orlovista, Pine Castle, Pine Hills, Southchase, South Apopka, Taft, Tangerine, Union Park, Wedgefield, Williamsburg, Windermere, Winter Garden, Zellwood, Central Florida and throughout the State of Florida.