My question involves real estate located in the State of: Florida
My late husband left some property to his two sons (50/50), one from our marriage and one from his previous marriage. His ex wife signed over all her rights and title through an 'Assignment' to this property when they divorced in 2001. In 2008 she executed a quit claim deed signing the property over to her son, fraudulently since she had given up her rights to this property. Now the two sons aren't speaking and want to sell the property but I've been told it will cost approximately $1500 to get a clean title. Meanwhile, I'm afraid they'll sell the property to a family member or something will happen whereas my son won't have any recourse. I'm not sure how to proceed. Should I hire an attorney to get a clean title and, in turn, sue her for attorney fees.
The correct warranty deed, in accordance with the will, has been recorded at the Clerk's office, so there's lots of conflicting paperwork on file.
Her son is now contacting me through email stating the property was erroneously recorded as 75/25 and he has hired an attorney to rectify this. Asking for my son's address so he can send him something to sign so it's recorded properly. Of course, we're not going to sign anything.
Hope this wasn't too confusing.