Probate is the court-supervised proceeding that oversees the distribution of a decedent’s estate, including assets such as bank accounts, financial investments, vehicles, personal items, and real estate holdings. In a probate proceeding, a personal representative is appointed with a fiduciary responsibility to manage and close the estate according to a decedent’s Will. In the absence of a Will, assets are distributed based on Florida’s Intestacy laws. Often, a decedent’s real estate holdings are the most valuable portion of their estate. Ensuring that a decedent’s properties have a clear title is crucial to the probate process.
What is a Title Search?
A title search is the process of establishing a property’s rightful and legal owner. Conducting a comprehensive title search to investigate a property’s history involves thoroughly reviewing various public records. Any title defects or claims uncovered in a title search may affect the property’s conveyance and marketability. An estate’s personal representative needs a skillful probate attorney with experience in real estate law by their side to resolve any issues that may arise.
Custom Probate Solutions for Real Estate Assets
At Legacy Law Associates, we often assist prior and current clients with the probate process when they are tasked, as personal representatives, to manage and settle an estate after the death of a loved one. Having established a long-term attorney-client relationship with the family, we know the decedent’s assets, estate plans, and family dynamics. Once a clear title is established, we assist the personal representative with the preparation of documents needed to transfer properties to heirs, oversee the sale of real estate to pay creditors or distribute the monies to beneficiaries.
Common Issues in Title Searches:
- Prior Deeds
- Mortgages
- Hidden Wills
- Divorce Decrees
- Court Judgments
- Tax Liens
- Fraudulent Document
- Undisclosed Heirs
- Mechanic’s Liens
- Easements
- Former Owners
- Unrecorded Contracts or Leases
- Technical Issues in Documents
- Zoning Violations
- Boundary Disputes
Resolving Title Defects
Once title defects are discovered, our experienced probate attorneys can navigate the complexities of clearing a property’s title. For example, we can negotiate adjustments with lenders and taxing authorities to resolve liens and back taxes. Technical issues in documentation, such as legal descriptions or other details, may require correcting errors in public records or the tax recorder’s office. Boundary issues may be resolved through a new survey and negotiating with neighboring property owners.
More challenging issues and disputes may rise to the level of litigation, such as undisclosed heirs, hidden wills, fraudulent documents in the property’s chain of title, or proving the validity of unrecorded agreements. Whatever the circumstances, the legal team at Legacy Law Associates can navigate the challenges efficiently and according to the deceased’s wishes.
Guiding You with Care and Confidence Through Probate
At Legacy Law Associates, our probate and estate administration lawyers understand that the probate process is emotionally taxing, adding to the grief you are already experiencing when losing a loved one. We are dedicated to providing comprehensive support during this challenging time. Our experienced team can handle all the details of probate matters, including clearing title issues to protect your inheritance and honor your loved one’s legacy.
Contact Legacy Law Associates at (386) 252-2531 to schedule an appointment at our Daytona Beach, Florida office.
