Legal Question in Real Estate Law in Florida
My Mother owns 1/3 of a house left to her, her brother and her sister. Her brother died. She bought his third from his wife. The sister-in-law wrote a letter acknowledging the same. Her sister sold her third and wrote a letter acknowledging the same. Then her sister died. QUESTION: Is there any way to get the did solely in my Mother's name short of re-opening probate for both her brother and her sister? This property was NOT named specifically in either previous probate. Both probates had the standard, "Anything property not specifically mentioned is conveyed to the next of kin." statements. Thanks.
Dave Ruskjer
2 Answers from Attorneys
Property deeds are used to transfer ownership or an interest in property. They are recorded in the county courthouse.
It is possible that the surviving wife of your mother's brother could make a deed giving that 1/3 to your mother. It depends on just how your mother and her siblings received title to the property in your grandmother's will. One cannot say for sure unless one reviewed your grandmother's will and did a title search on the proeprty.
If your mother's sister had a spouse who survived her, it is possible that he could make a deed to your mother. If not, then your mother would probably have to go through the probate court.
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