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mom2mom Asked January 2017

WWYD reference unprobated property?

My father bought a piece of property in Florida decades ago as an investment. We have been referring to it as his swampland (even though it is inland). The property is in his name only. He passed 17 years ago in Maryland and his will, leaving everything to my mother, was probated in Maryland. The Florida property remains in his name.


I play around with real estate as a hobby and in my unprofessional opinion, the land is worth somewhere in the neighborhood of $3,000.


Mom does not need the money right now and it would most likely end up being part of her estate.


If you were me (future executor of Mom's estate:


A) fly to Florida and open an estate there and probate the will so that the swampland is titled to her and then passes according to her will


B) wait until she passes and then deal with it (I guess by probating both wills)


c:) in the words of the get Princess Elsa... Let it Go. Abandon the property and let it go to tax sale.


Of course, if Mom needs the money before she passes, I would figure it out but, let's assume that she won't. My share of the land would be worth around $750.

mom2mom Jan 2017
We pay the property taxes every year.

"Also after 17 years, dads will may be outside the time limit to even open probate."

So, likely, let it go? Lawyers fees would probably eat up the value anyway.

igloo572 Jan 2017
So for the past 17 years has somebody been paying property taxes?
And any other costs placed on property?

If not, then I'd bet it has gone up for tax sale. And if it's a real POS property has gone for tax sale - possibly even with a redemption or tax certificate issued, just what totally depends on FL laws - several times as folks who bought it lost interest.

I'd suggest you go on-line to co courthouse to download all documents filed and recorded. Downloads are cheap, like $ 5.00 for warranty deed. Usually done by parcel or PPIN. Documents from decades back could mean a reaseach fee as its not on-line so has to be pulled, copied and mailed to you.

Personally to me If its been sold or transferred to adjacent property owner, it's probably not worth trying to get it back. Some states have tax redemption with certificate issued after 3 years, so tax assessor records totally show new owner. You would have to repay all taxes and improvements & whatever else the owners can think to add on to get it back and probably do it via a Quiet title action (maybe 1-3k and needs at least 6 mos due to notices) filed by FL atty.

Also after 17 years, dads will may be outside the time limit to even open probate.

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