Legal Question in Real Estate Law in Florida

Deceased father property dispute

Divorced father (married 2 times),5 children, died in Florida 2004.Deed and Mortgage to condo in his name only as a ''single man''.His will declared equal division of property among survivors.My sister moved in with him in 2002 to take care of him for health reasons.She will not produce the Will and claims the Condo as hers due to her caring for him for 2 plus years.She continues to live in the Condo and makes payments plus property taxes in his name.She is planning to sell the Condo and use the proceeds for herself.Can she sell if the Deed is only in our father's name? Can we force her to produce the Will? Thank you


Asked on 3/29/06, 2:53 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Deceased father property dispute

yes. A court proceeding may be needed.

Read more
Answered on 3/29/06, 4:08 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Deceased father property dispute

Any one of your father's children may Petition the Court for an Order compelling production of the Will, for Probate.

If no Will is produced, a Petition for Administration of your father's Estate would likely result in all the children being treated equally, with respect to entitlement of assets, as you said your father wanted.

You should as indicated, verify title and the value of your father's assets at his death and proceed quickly in filing your papers, in order to prevent any misdealing, before proceeding.

However, If possible, try negotiating with your sister to avoid court litgation, which will cost you all, much more than you may eventually be found entitled to receive, in both money and grief.

Suggest that: you all Consider "recognizing" your sister's alleged contribution to your father, over his last few years; and calculate and negotiate a fair compensation to be paid to her, before the equal distribution, to your father's 5 children.

That "compensation" is likely to be much less than the legal fees that will be incurred, if a Settlement is not reached.

Good luck,

Read more
Answered on 3/29/06, 7:13 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Deceased father property dispute

She can not sell the condo, titled solely in your Father's name, without authority "letters/certificate" from the Surrogates court.

Read more
Answered on 3/29/06, 9:59 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida