Legal Question in Real Estate Law in Florida

Another individual and I own a piece of property. She offered to give me half of the property if my husband and I would give up our home and come share expenses with her. A quit claim deed was done placing me on the deed. Now her chldren are interfering trying to tell me what I can and can't do. They stated that I must get a will leaving my share to her children and I have no right to leave anything to my children. Then they indicated that when she dies her share automatically comes to them and I will have no say in anything. This deed says "to have and hold forever" so do I have to be harassed by them or not?. Could you please clarify what my rights are? Do I have to leave my share to her children or can I leave my share to my own children? Do I have to have them living in the home with me or do I have the right to say no, you are not going to live here?


Asked on 11/24/10, 6:59 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You need to have your deed reviewed by a real estate attorney. If it was properly drafted, delivered, accepted and recorded, then it is valid. How you took title to the property will determine your rights and the rights of her children (if any). Regardless of the type of ownership, her children should not be harassing you, BUT you may end up owning the property together with her children, if your documents were not drafted properly. You may contact me for more details and a review of your case at 727-953-6000.

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Answered on 11/30/10, 4:19 am


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