Legal Question in Real Estate Law in Florida

real estate

I just found out a property I co-owned through a family estate was sold without my knowledge 9 years ago, do I have any recourse.


Asked on 6/14/08, 1:19 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: real estate

Dear Inqirer: ABSOLUTELY!!! Having been an owner of record, you were entitled to be notified, and to have consented to such sale or disposition. Additionally, you were and are entitled to your pro-rata share of proceeds from any sale of property in which you had any ownership of record.

It is essential to your claims to establish your relationship to the estate and what the specifics of your ownership were.

Your assertion of your entitlement may require you notify the other heirs and demand payment. If that fails, you may have to consider filing an action (lawsuit) against all of the other heirs or beneficiaries, for an accounting and for equitable distribution (payment) of your lawful share, including Attoney fees and litigation expenses. Additionally, you may have an action against the estate Adminsitrator or Executor, AND the attorney who failed to obtain your consent to such sale, as well as against the Title Company and Escrow Agent who failed to recognize and insist upon your written consent or signature on the deed, consenting to such sale, and your share of the funds received. This may be an unpleasant task, but you have to be wiling to undertake it if you wish to assert your rights.

Seek, retain and consult an experienced Attorney ASAP to discuss the operative facts, and to advise and guide you. Good luck.

Sincerely, J. Norman Stark, Cleveland, OH.

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Answered on 6/14/08, 1:39 pm


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