Legal Question in Elder Law in Florida

need to add additional siblings to deed

my mother-law-signed her house over to one son and maintained lifetime rights. Now she wants to add her other children to the deed but the first son refuses to cooperate.

She wants the property back in her name so that she can add her other children. That way any proceeds would have to be distributed equally. What can she do to correct this situation? As stated the other son refuses to quit claim it back to her or to add his brothers and sister.


Asked on 5/29/02, 11:07 am

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: need to add additional siblings to deed

A legal mess has been created. The mother has in effect given the house, less a life estate, to the son. She has no legal right to the property so given. If the deed by which she conveyed the house is valid and represents her intention at that time, she has no rights to the property so conveyed. This is one reason such transactions in real property must be in writing. If the deed is not legally valid for some reason (such as your mother did not know what she was doing because of dementia or poor memory, the son misrepresented the situation, your mother did not intend to make a gift of the property, etc) the siblings may be able to challenge the transaction, but it seems to require a family solution to unravel a legal knot.

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Answered on 5/29/02, 2:54 pm


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