(Name changed for privacy. Photo is not the client.)
Following the death of her mother, “Kendall,” not her real name, needed help transferring the family home into her name. JALA Attorney Jessica Farmer successfully guided Kendall through the probate process to secure full ownership of her family home.
Kendall had been living in the home but faced challenges with probate, the legal process required to officially claim ownership of inherited property. Fortunately, creditor concerns were not an issue, with more than two years having passed since her mother’s death.
With several siblings, all of whom were on board for the probate process, the case required coordination with the family to obtain waivers, which took some time.
After obtaining the deed and preparing the pleadings, Farmer filed the case and promptly requested court orders, which were granted. Kendall was thrilled to receive the orders for the title transfer. Among other benefits, gaining title to the home allowed her to claim her portion of the homestead exemption.
Additionally, Farmer offered a solution to further benefit Kendall by suggesting a deed change to convert the ownership structure from tenants in common to joint tenants with rights of survivorship. This would enable Kendall to claim 100% of the homestead exemption, as she is the sole resident of the home. While Kendall chose not to pursue this change at this time, Farmer assured her that the option remains available for the future.
Saving money on property taxes with a homestead exemption is just one of the benefits of having clear title. After a property owner’s death, when heirs can’t afford to probate the property, or a do-it-yourself deed results in an invalid title transfer, problems often arise after disasters like hurricanes, when only those with title are eligible for relief from the Federal Emergency Management Agency and other sources.
If you or someone you know is facing foreclosure or needs help with probate after the loss of a loved one, please contact JALA for assistance at (904) 356-8371 or apply online at www.jaxlegalaid.org/apply/
About Jacksonville Area Legal Aid
Jacksonville Area Legal Aid is a nonprofit law firm focused on delivering economic, social, and housing justice to low-income and at-risk individuals and families on the First Coast.
If you are an attorney wanting to volunteer with probate and heirs property issues, contact JALA Pro Bono Director Aaron Irving, at (904) 356-8371, Ext. 363, or Aaron.Irving@jaxlegalaid.org.
