Legal Question in Real Estate Law in Florida

A Fraudulent Conveyance?

M, a 70 year old Florida male with $800,000 home properly titled in his name marries W, half his age, in a foreign country. Three weeks later he dies at his home under suspicious circumstances. Home put in probate; W personal rep. Though not yet recognized by court, the legality of marriage is void by the foreign country's law. The certified will contains a provision for a life estate in which W would occupy, keep up home during her life but ownership reverts to G, Grandson on her death. Before death, M does not perfect his life estate, it remaining in his name as it always has. Without court order it suddenly appears in public record as life estate under W's name with G listed, whose status cannot be determined. G is not notified, has no privity. Deed is not recorded but this disclosure is present: Sale price $50 to Wife on day of M's death. Assuming a bogus sale, is this a fraudulent conveyance? Assuming a good sale, how is this treated in probate? What about sufficent consideration? If bogus, most likely, what are the actionable causes? If so, what is the order of procedure?

Golly, thanks so much for this; it's wonderful. So appreciate.

--name removed--Sherin


Asked on 10/29/06, 1:01 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: A Fraudulent Conveyance?

Without a thorough reading of the documents and knowledge of the facts no definite answers can be given. In any event, a court proceeding is the proper vehicle to determine the rights of the parties.

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Answered on 10/29/06, 1:31 am


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