Legal Question in Wills and Trusts in Florida
I am 17 years old was served with a Petition for Administration for my fathers estate by my half sister - her mother divorces my father and she signed a quit deed claim where he paid her for the house when they got divorces before I moved into this house. how can I oppose or reject a Petition for Administration for my deceased fathers house - my half sister is making the petition but I live in this house with my mother and she can be the administrator since we are the ones that live in this house 20+ years and she was his wife and is paying all taxes on the property. no will
3 Answers from Attorneys
You must retain counsel. You are a minor( under 18) and cannot yet be appointed. Your mother, as your Guardian, can be.
You definitely need to talk to a lawyer; specifically a probate lawyer; one who knows a lot about probate. I can't give you specific advice, but based on what you have said, 1) you can't act as personal representative because you are under 18 2) I don't know how they served you but technically they should have (probably) served your mother as guardian and 3) the fact that you are under 18, meaning your father left you as minor child, has implications under Florida law regarding how the homestead descends (who gets what).
My colleagues are correct. Runnnnnnnnnn to the nearest probate attorney and protect your rights before they are sold out from underneath you and your mom.
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