Inheriting Your Parent’s Orlando Residence

Did your mother or father die in Florida with a house, or a homestead? If you live out of state, not in Florida, you’re probably wondering how you inherit your father or mother’s house. Inheriting your parents residence, what they call Florida homestead, is an interesting issue in the law.

The truth is, if your mom or dad dies without a will, the homestead goes to the heirs.  For some children of the deceased Florida parent, this means you get a guaranteed inheritance. You just have to know how to go and get it. Sometimes, you have to open up a probate or file a partition lawsuit in Florida to sell the house. Then, you would split the proceeds with your other siblings. Homestead might be able to be given away under a valid Florida will. However, it is important to note that there are complicated rules regarding Homestead. Therefore, you should ask your probate or estate lawyer if they have experience dealing with Florida Homestead and how it goes, or doesn’t go, to the parent’s descendants and adult children.