Legal Question in Wills and Trusts in Florida
My maternal grandmother died a few years ago and left her property to her 2 children, my mother and my uncle. My mother passed away 2 years ago and my father is in a nursing home with advanced alzheimers. Due to a mix up in the family's legal papers, my father's affairs are being handled by a court appointed guardian, who has sold all of my parents' possessions and property. My uncle has control of my grandmother's property and has yet to sell it. My question is: When my uncle sells my grandmother's property, where does my mother's half of the money from the sale go?
2 Answers from Attorneys
You fail to indicate if your grandmother's estate went to probate. It should have.
Your fact pattern is not detailed enough to really answer your question. The best way to deal with this is to take the paperwork to an attorney to review. Your grandmother's devise to her children was by will? Was the will probated? Was an actual deed recorded showing your mom and uncle as the owners? They took title as tenants in common? If so, then your mother's share was part of her probate estate. Was her estate ever probated? Her heirs would have taken her ownership interest. Your mother's share of the property would also be subject to any expenses paid on her behalf for all these years.
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