QUESTION
What is my claim to a property that I've taking care for nearly two years that was given to me by my father before he died?
Asked on Feb 11th, 2012 on Estate Planning - Florida
More details to this question:
Parents bought house in 2003, I have lived there and I am the oldest son also executor when dad died in may 2010. Mom moved away in May 2011 back to Philly. I have maintained and met all expenses since dad died. Mom now wants to sell the house out from under me. Since I have been the caretaker for nearly 2 years, what is my claim to the property that was supposed to be left to me according to dad, no will but siblings will confirm.
1 ANSWER
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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Under Florida intestacy law, your mom as surviving spouse gets half the house and the children get the other half. If your sibling agree, they can assign their interests over to you. You will have to buy out mom. If you expended your own funds to maintain the home, you should file a claim in the probate court and get a credit toward your costs.
Answered on Feb 24th, 2012 at 6:42 PM