Frostproof, FL Estate Planning Law Firms & Lawyers

Children are not responsible for the debts of parents in Florida ( except those which attach to land they inherit like a mortgage) in that case, the liability ends with the property.

As an heir at law of your mother you should consider filing a claim against the estate of your grandmother, if an estate was opened for her. If no estate was opened and more than a year has passed since her death, no estate can be opened but you could retain counsel an institute an action to determine heirship. In either of these situations you need to hire an attorney.

Typically judgments that are properly filed with the County Clerk create a lien against any property owned by the Defendant in the county where the judgment was filed. This typically means that if the Defendant's property is homestead then the lien just sits there and unenforceable until the Defendant tries to sell or refinance the property; at which time, the lien must be paid. However the transfer of the property by rights of survivorship (and not by transfer of deeds) creates a loophole for this situation; therefore, as long as the property only transfers through the rights of survivorship you should be fine. Here's your other problem, if you titled the property to you, your husband and your son as joint tenants with right of survivorship (and your son is a minor), then you created a situation where you can't transfer the property (i.e. quit claim deed or warranty deed or sale) without everybody signing the deed and if your son is a minor he cannot sign the deed and you can't sign the deed for him without going to Court and getting a guardianship for the property of a minor (you should consult legal counsel to go over the one exception to this rule). If your son is not a minor, then you still need everyone to sign the deed in the order to transfer the property. It is typically not a good idea to put real property in a child's name.