Legal Question in Wills and Trusts in Florida
Deeds and Wills
Frist questions: Deeds - My dad pasted away a year ago. I obtained his deeds to three sets or property. Two of the deeds appear to be altered. One deed shows where husband and wife has been whited out and typed over. The second deed appears to be used by two different typerwriters. Is this legal? If not, what do we do?
Will - my stepmother states there was no will. Probate office says, she has to file either way. My stepmother has done nothing as of this date. What do we do to force her to turn over Will. She said, there isn't one, but one brother has stated, there is one.
How do we stop our stepmother from selling everything? There is a cover up going on here? We can not get anything from my step mother - we have lost all of my dad personal belongings and she is selling everything right and left. Are we entitled to anything?
Any and all help is appreciated. Elizabeth
2 Answers from Attorneys
Re: Deeds and Wills
Frist questions:
Q. Two of the deeds appear to be altered?
A. You need to first look at the offical deed from the court clerks office. If you think it was forged you need to hire an attorney to do additional investigation
Q. my stepmother states there was no will.
A. You can always open a probate up yourself without having your step mother file it.
Re: Deeds and Wills
Regarding the real property, you should check with the Clerk's or Recorder's office to determine which deeds were recorded. The deeds as recorded will prevail. Second, regarding the probate of your father's estate, you can file for probate with or without a will. Of course, if your father left no will, the property does not belong to his wife until determined through probate. An attorney can advise you regarding the manner in which your stepmother should be notified to cease selling any property; one of the first duties of the appointed executor will be to inventory, protect, and manintain the estate property. You will need to consult with a local attorney experienced in probate matters.
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