Legal Question in Real Estate Law in Florida
Situation: lot number of a homestead property in FL was misidentified on the quitclaim deed executed in 2003 when one parent bought out the other's interest in formal marital home. The owning parent got diagnosed with cancer in mid-December (2010) and was buried 7 weeks later.
Very soon after her diagnosis, she saw a lawyer and had her three children added to the deed I guess as joint tenants in common....whatever the terminology that applies to them equally owning the home after her imminent death, thus avoiding probate. The house was her only asset.
Now these young adult children (my stepkids) have learned of this clerical error right on the heels of their mother's death. They contacted the attorney who did the work in '03 and he said they'd now have to do probate -- he'd do the work but they'd have to pay a filing fee or some such.
This seems incredibly unfair, a lack of attention to detail from a professional who was PAID to attend knowledgeably to detail in 2003! The kids don't know what to do; they all don't have any money to spare whatsoever as not only were they newly launched into their adult lives, they also all lost income in order to rally around their rapidly declining mother (she was in FL, they'd all moved to NYC).
My sense of right & wrong is offended that this is happening to these grieving kids! Do they have any recourse whatsoever? Alternatives to probate? The value of the house is modest, somewhere in the $80-120K range (but this is FL in today's economy) but it needs some fixing up prior to being put on the market....and how will they get any funds for that if the estate goes to probate?
If you have knowledge you can share and help three 20-somethings who've been clobbered by life lately, I'd surely be thankful as would they.
1 Answer from Attorneys
If the lawyer made a mistake, and that is a big "IF," then I would expect them to not only do all the legal work for free, but include the costs as well. Court action may not be avoidable.
The alternative to the attorney is to invite an action against the attorney, which they should surely want to avoid. It may even be better if you hire someone else to do the work, and the attorney pay for the entire cost.
Again, that is assuming the attorney made the mistake causing the problem.
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