HEIRS' PROPERTY
Navigating Inherited Property
Helping Families Resolve Ownership for Inherited Property
Heirs' property can create a complicated and sometimes contentious situation, especially if multiple heirs have different ideas about how to manage, sell, or maintain the property. If you are dealing with an heir's property situation, you're not alone—and we are here to help.
Our Promise To You
Comprehensive
Guidance
We’ll help all parties involved understand the steps necessary to resolve issues with heirs property. We can help facilitate communication between family members and connect you with legal counsel.
Title Resolution
Assistance
When title isn’t clear, it can prevent the property from being sold or refinanced. We can guide you through the process of clearing the title, whether it’s through probate court or other means.
Avoiding
Foreclosure
We can help you understand the options available, including negotiating with the lender, selling the property, or resolving the issue before foreclosure becomes a concern.
Intestate Succession in Florida
How property is typically passed down without the presence of a will.
If a person dies with:
Here's who inherits the property:
children but no spouse
the children inherit everything
a spouse but no descendants
the spouse inherits everything
a spouse and children whose parents are the descendant and the spouse, and no other children
the spouse inherits everything
a spouse and children that are children of the person who died but not the spouse
the spouse inherits half of the intestate property; children of the person who died inherit the other half equally
parents but no spouse or descendants
the parents inherit everything equally
siblings but no spouse, descendants, or parents
siblings—or if they have already died, their children—inherit everything
children born outside of marriage
if the person who died is the mother, children inherit as normal; if the person who died is the father, children inherit if: (1) the father participated in a marriage ceremony, even if it turned out to be void, (2) a court establishes the father’s paternity before or after his death, or (3) the father has acknowledged his paternity in writing4
Frequently Asked Questions
Have questions about heirs' property and how it affects you? You're not alone. We’ve answered some common questions to provide clarity and guide you through the process. If you don’t see your question here, don’t hesitate to reach out to us directly—we’re here to help.
What is heirs property?
Heir’s property is property that is passed down through generations without a formal title transfer or legal documentation. This typically happens when someone does without a will to specify who has a legal right to the property. This often results in multiple people owning the property, sometimes without clear documentation of who holds what share.
Why is it difficult to sell heirs property?
Selling heir’s property can be difficult because there may be multiple heirs with different ownership shares, and the title may be unclear. Often, legal action is needed to settle disputes or clarify ownership before a sale can happen.
How can I resolve an heirs property issue?
Resolving heir’s property typically involves either formalizing the ownership through legal channels (such as probate) or negotiating an agreement among the heirs. We can help you understand your legal options and guide you through the process.
Can I sell heirs property without everyone's consent?
No, all heirs typically need to agree to sell the property, but there are processes that can help mediate disagreements or facilitate the sale, including partition sales or court involvement. We can assist you in understanding these options.
What are my options if we can't reach an agreement about selling the property?
If heirs cannot reach an agreement, there may be legal options available, such as partitioning the property through the court system or working with an investor. We can help you navigate these options and decide on the best route.
Do I need an attorney for heirs property issues?
While legal counsel is not always required, we recommend consulting an attorney for guidance, especially if there are complex legal matters involved. We can connect you with trusted legal professionals who specialize in heir’s property.
How much generational wealth is lost to heirs' property?
Heirs property significantly impacts generational wealth in Florida, particularly within African American communities. In Alachua County, for example, there are approximately 1,610 heir's properties, accounting for 2.62% of the county's properties. Notably, 833 of these properties are located in Gainesville, highlighting a concentrated issue within urban areas. This situation is not unique to Alachua County; in Jacksonville's Duval County, it's estimated that heir's property status affects around $5 billion in housing value.
How can generational wealth be preserved and heirs property issues be avoided?
Preserving generational wealth and preventing heir’s property complications in Florida involves proactive estate planning and legal measures. Simple steps, such as creating wills, establishing clear property titles, and engaging in formal probate processes, can prevent properties from passing without clear ownership. This approach helps avoid disputes among heirs and protects the property's value.