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Property Transfer Matters in Florida

Fort Myers Attorneys – (239) 970-6844

Usually, the most expensive piece of a decedent’s estate is real estate property, such as a home or plot of land. Unlike many other assets to be distributed as inheritances, real property will need to go through a preparation process and eventual property transfer.

At Powell, Jackman, Stevens & Ricciardi, P.A., our probate lawyers in Fort Myers have more than five decades’ worth of legal and property transfer experience. Be sure to contact us today if you will need help managing a probate case of your own.

Managing Real Estate Before Transfer

Real estate property, with its high value and high interest from family members, in many cases must be carefully managed before it is transferred. There is little use for a piece of real estate in disrepair. The same can be said of homes or business property with liens against them.

There are three things to consider before transferring real property in probate:

  • Mortgages or taxes: No one wants to inherit property debt. If a piece of real estate is to be transferred, other portions of the estate can be used to pay off any remaining mortgages or taxes against the property first.
  • Maintenance: As the testator ages or becomes indisposed, any real estate property they own or control will need to be maintained. This duty must also be upheld after they pass away and the will goes through probate.
  • Appraisal: It is invaluable to have a piece of property professionally appraised after it enters a decedent’s estate. Otherwise, it may be inherited well under or over its value.
  • Deed: Finally, you or the probate administrator will need to find the deed to the property. This document will outline who owned the real estate and how it can actually be transferred.

How Property May be Transferred

Upon reviewing the deed, it should become apparent how the property can be transferred, either in or out of probate. If it is not clear, speak with our Fort Myers attorneys. We have dealt with complicated will contests regarding some of the most intricate wills around.

Some ways property can be transferred after a testator passes away include:

  • Single owner: If the decedent was the only owner of the real estate property, it is relatively easy to transfer the property to whoever was named as an inheritor.
  • Joint tenancy: Some deeds state that property is owned in joint tenancy, or by two people. When one owner passes away, the surviving owner will automatically have full ownership transferred to them.
  • Spousal ownership: In some instances, probate can be avoided if the decedent has a surviving spouse that lives within the property. Tenants by the entirety rules can transfer sole ownership to the spouse without further probate processes.

If none of these options work for your property transfer case, the real estate may need to go through probate with everything else in the decedent’s estate. While this might not be the most convenient method, it is not an impassable obstacle.

We remove complexities from your case.

At a glance, the probate process and relevant laws can be intimidating for people not well-versed in the legalities. At Powell, Jackman, Stevens & Ricciardi, P.A., our Fort Myers attorneys understand that you have enough on your mind without needing to sort out a property transfer.

Start with a free case evaluation today to learn more about what we can do to make your life easier and your probate a breeze.

Meet Our Attorneys

  • William M. Powell, Esq.
    William M. Powell, Esq. Partner
  • Rita M. Jackman
    Rita M. Jackman Partner
  • Adam J. Stevens
    Adam J. Stevens Partner
  • Richard M. Ricciardi, Jr.
    Richard M. Ricciardi, Jr. Partner
  • William M. Powell, Esq. Partner
    William M. Powell, Esq.

    Although William M. Powell, Esq. is well-versed in a variety of legal matters and case types, he has built a strong reputation through his focus on personal injury and medical malpractice cases. Your Advocates are proud to have him as a member of our law firm. He shares our passion for helping people in need and prioritizes our clients’ needs. Read More

  • Rita M. Jackman Partner
    Rita M. Jackman

    Ms. Jackman’s unwavering ambition and leadership has provided clients and will provide her future clients a star in this profession. Ms. Jackman is a relentless researcher and preparer who handles her client tasks with a tremendous amount of preparation and thought. Ms. Jackman was born and raised in Cape Coral, Florida which has worked to benefits her practice and the clients that she serves. Read More

  • Adam J. Stevens Partner
    Adam J. Stevens

    Mr. Stevens has found his niche by becoming a litigation attorney and understands that communication between an attorney and client are paramount to obtaining favorable results. Mr. Stevens is known for taking on any and all types of cases no matter how difficult or routine they may be. Mr. Stevens is known as an aggressive attorney, though at the same time understands that some cases require a more patience to ensure a favorable result. Mr. Stevens does not shy away from challenging legal issues and has litigated complex matters against municipalities, international unions, large banking institutions, and several insurance companies. Read More

  • Richard M. Ricciardi, Jr. Partner
    Richard M. Ricciardi, Jr.

    His experience in litigation provides him the ability to identify and isolate potential areas of conflict and effectively counsel clients around potential pitfalls. Mr. Ricciardi believes that proper estate planning, real estate counsel, and business planning are areas of importance to everyone. Protecting and dispensing clients' various interests, assets, and lifetime earnings can make the difference between a comfortable retirement and wasting thousands of dollars in assets and earnings. Specialized knowledge, experience and attention to detail in these areas is therefore critically important. Read More

How We're Different:

  • Dedicated & caring service
  • Over 70 years' combined experience
  • One-on-one attention
  • Customized strategies
  • Accessible - 24 hour response time
  • El abogado habla español