Legal Question in Real Estate Law in Florida
My Uncle signed the Title of his Mobil Home to myself and my wife. He also owned the land but neglected to sign the land over to us and he has passed. His will states his sister owns the land, what happens now? The sister was his POA until problems arose and my Uncle changed POA to myself and my wife in Feb 2009.
1 Answer from Attorneys
If his will is valid and it was not revoked, then his sister will own the land. You will have to work-out a separate deal with his sister (such as, rent the property, buy the property, etc.).
The estate will have to go through a court process called "probate" in order for the assets and debts to be assessed, the will to be enforced, and the beneficiaries to collect their share. It is required by law that an attorney file a probate action -- one cannot file the probate petition without an attorney.
The POA terminated on death, so it is irrelevant here.
I do probate work in St. Petersburg, and you can email me if you are interested in my assistance.
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