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  1. #1
    Join Date
    Jun 2013
    Location
    Fort Braden, Florida, United States
    Posts
    1

    Default Inheritance Rights and Jointly Owned Real Estate

    My question involves real estate located in the State of: Florida

    My mother in law just passed away, now a lady that claims she is over the estate read the will and my husband was left nothing even the land they we live on which is in his name and co owned by the deceased has been brought to his attention that his nieces gets it(land) when they get of age. Now the tittle of the trailer was never recorded and this lady has the tittle she is trying to sell it out from under us make us move. I need to get some advise fast.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,059

    Default Re: Some One Trying to Take Our Away to Pay for Funeral of Mother in Law

    Get a lawyer. I can't even comprehend your single four line run-on sentence, let alone devine what the exact situation with the estate is. Nobody has *ANY* power over an estate until a court appoints them so.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Some One Trying to Take Our Away to Pay for Funeral of Mother in Law

    Quote Quoting flyingron
    View Post
    Get a lawyer. I can't even comprehend your single four line run-on sentence, let alone devine what the exact situation with the estate is. Nobody has *ANY* power over an estate until a court appoints them so.
    well, you understood that the OP needed to consult a lawyer .... lol

  4. #4
    Join Date
    Oct 2006
    Posts
    15,431

    Default Re: Some One Trying to Take Our Away to Pay for Funeral of Mother in Law

    Quote Quoting Cynthia Davis
    View Post
    My question involves real estate located in the State of: Florida

    My mother in law just passed away, now a lady that claims she is over the estate read the will and my husband was left nothing even the land they we live on which is in his name and co owned by the deceased has been brought to his attention that his nieces gets it(land) when they get of age. Now the tittle of the trailer was never recorded and this lady has the tittle she is trying to sell it out from under us make us move. I need to get some advise fast.
    I agree that you need an attorney. However, mom's will cannot give away something that mom doesn't own. If the land you live on is in your husband's name, mom's will cannot give it to someone else.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,967

    Default Re: Some One Trying to Take Our Away to Pay for Funeral of Mother in Law

    You understood that, ll? You're a better woman than I am. I'm impressed.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Inheritance Rights and Jointly Owned Real Estate

    This thread had the somewhat incomprehensible title, "Some One Trying to Take Our Away to Pay for Funeral of Mother in Law". That suggests that an effort is being made to use estate assets to pay funeral expenses. That is entirely proper. However, nothing in your actual post relates to funeral costs.
    Quote Quoting Cynthia Davis
    View Post
    My mother in law just passed away, now a lady that claims she is over the estate read the will and my husband was left nothing....
    By "a lady that claims she is over the estate" do you mean the administrator for the state? Who are the heirs named in the will?
    Quote Quoting Cynthia Davis
    ...even the land they we live on which is in his name and co owned by the deceased
    Exactly how is the land titled? If, for example, it's titled to "Mom and Son" as joint tenants, then mom has an interest in the land that she can leave to her heirs. If it's titled to "Mom and Son as joint tenants with a right of survivorship", then your husband would have gained sole ownership when his mother passed away. The details matter.
    Quote Quoting Cynthia Davis
    ...has been brought to his attention that his nieces gets it(land) when they get of age.
    If there was no right of survivorship and your mother-in-law left her share of the property to her nieces, with title vesting with them when they reach the age of majority, then that's what happened. The rest depends on the facts.
    Quote Quoting Cynthia Davis
    Now the tittle of the trailer was never recorded....
    Now we're switching subjects from the real estate itself (the lot upon which the trailer is located) to the trailer? Somebody purchased the trailer, that happened a certain number of years ago, and somewhere there exists an unregistered title describing the buyer(s) of the trailer. Fill in the missing blanks for us.
    Quote Quoting Cynthia Davis
    and this lady has the tittle she is trying to sell it out from under us make us move.
    You will need to tell us what you mean by "this lady has the tittle". If you mean that she possesses sale and title records indicating that your mother-in-law is the sole owner of the trailer, such that it is part of her estate, then it's reasonable for her to treat it as an asset of the estate. You have not shared any facts that might shed light on whether or not your husband could claim an interest in the trailer if that's the case.
    Quote Quoting Cynthia Davis
    I need to get some advise fast.
    Your husband should retain a probate lawyer to review the will, and the title records for the trailer and lot.

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