Legal Question in Wills and Trusts in Florida
How can a judge order me to probate my mother's house that she never held the deed to and order me to give my 50% interest in the house to my exwife. The house was never mine, no will and I have no desire to have the house and neither does my sister. Can a judge legally give my interest away in property that was never mine and make me probate it as well And pay her back the taxes because she couldn't claim homestead Exemption. is this legal?
2 Answers from Attorneys
Not sure how this all occurs. I suggest you need an attorney to review this. Your mother can have an interest in property that never had her name on the deed and if she dies, her interest would transfer to her heirs. If the descendants choose not to take the property than it can escheat to the State or can be lost to a tax deed. Yes a Judge can force you in the course of a divorce proceeding to act to preserve and protect property that you have an interest in. Seek Legal help.
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