QUESTION

This is a will question

Asked on Mar 15th, 2017 on Wills and Probate - Florida
More details to this question:
My grandfather died about 20 years ago. My uncle took over his property. At the time, my mother and I believed my grandfather gave the property to my uncle. About 6 months ago we discovered my grandfather did not have a will. Did my uncle take over the property illegally? Can my mother sue for a share of the property?
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1 ANSWER

Maryellen Sullivan
Based on the facts you offer, it sounds like he may have.  I first would research in the Registry of Deeds to see if title of the property was transferered after your grandfather's death.  If not, it is still owned by his estate.  A Florida real estate attorney could advise you how to transfer title.  Florida's law of intestacy determines how probate assets are distributed when someone dies without a Will. You also may find that your grandfather and uncle were joint owners of the property, or that the property is owned by a trust.  Florida also has a homestead law that limits how property can be inherited in some cases; again, a Florida attorney could help with this. 
Answered on Mar 17th, 2017 at 8:38 AM

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