Probate or quiet title action?

Mom died intestate back in 1998, down here in Florida . I have been on record as being the title holder to the house ever since -- even tho her estate never went thru Probate. A recent title search resulted in a failure to establish the "chain of title" from Mom to myself. Since Mom's death the taxes have been paid by me; the mortgage is in my name; the deed on record shows that I am entitled to the property and has been on record since 1998. My options so far appear to be either proceed with a "Summary Administration" in the Probate Court; or, to file a "Quiet Title Action". Do I have any other options ?; and what would be the best choice to entitle me to the property?

Public Comments

  1. Being entitled to the property is one thing but being In title to the property is another. Either probate or do the Quiet title action. I would do whatever costs you the least!
  2. Avoid a quiet title action if you can. Failure to establish a chain just means the property hasn't cleared probate and the estate hasn't resolved her interest; but if the deed of record shows you as an owner, this is just a continuing probate problem and her estate needs to be resolved; at which point if you were in title as joint tenants her death certificate will resolve the issue. Probate court; but get an atty opinion.
  3. i can help you with that. the documents in your name may not mean ownership. we have to discuss more.
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