Legal Question in Wills and Trusts in Florida

Grantor/Grantee, County Clerk

After searching county clerk public records, my sister-in-law became grantee of her parents Florida home shortly after her mother passed (in 2000) and their father was the grantor (he passed away in 2005) (home listed as QCD?). She lived w/them until they both passed & managed all assets/financing. 3 months ago, she sold the home (home was paid-off/no mtg). As grantee of the property, is she entitled to keep everything, monies/profits/bank accounts, etc., and not share w/ 3 other siblings who live out of state. Not sure if a will existed (hard to believe) but could she have changed it because she was grantee (no probate proceedings exists w/ county clerk). Should we pursue any legal actions or is this a waste of time, money and more heartache? We completed trusted her in doing the right thing.


Asked on 1/08/08, 10:35 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Grantor/Grantee, County Clerk

If she was given the property absolutely, with no contingencies, she is the sole owner and can do whatever she wishes. The fact that she later sold it, does not entitle anyone else to share in the proceeds. This may differ as to non-real estate, and you have not presented enough facts to respond about these assets. Of course, it is possible that claims could be made against her by other family members if she used undue influence to get the Deed (QCD means quit-claim deed) and/or other assets, or if bank accounts or other assets were placed in her name simply as an "accomodation" to allow her access to them for use on behalf of her parents, but not intended to be her assets after they passed away. More facts are needed for a better reply, and depending upon those facts, a lawyer may need to be retained. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship

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Answered on 1/08/08, 11:49 am


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