Legal Question in Elder Law in Florida

senior law

Does ownership supercede inheritorship? I'm a legal heir of my gmother and she recently made my biological father co-owner of her property. When she dies, does the property then belong to him nullifying her will and me and my uncle as inheritors? She said recently that my father tricked her into signing the paperwork, rushing her at the courthouse while doing other legal matters there but is afraid to have any type of confrontation with him and feels bad for him because he has been so sick. Both my uncle and my father have taken advantage of her terribly since my gfather died 14 years ago. I want her to seek legal counsel that no one but her has chosen but she's afraid of her sons. I'm trying to help her but I'm not sure what to do for her from a legal standpoint. My uncle is head pschotherapist at Riker's Island and has a very hostile temperment. My father is her youngest biological child and has been ill for a long time but is incredibly manipulative. They both pressure her and confuse her and at her age, I'm very afraid for her. Please help.


Asked on 8/04/07, 4:07 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: senior law

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, the ownership rights of a joint tenant will supersede the rights of a party to inherit in this sitation. If the property is now owned by both your godmother and your father as joint tenants, if one should pass away, it is wholly owned by the survivor. There is nothing for an heir to inherit.

Scott R. Jay, Esq.

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Answered on 8/04/07, 4:19 pm


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