Legal Question in Wills and Trusts in Florida

Minors inherited 1/3 of home; never probated

13 years ago my sister died, leaving 2 minor children. She was half-owner of a home, along with her brother and his wife. The brother & wife are now divorced, and the 2 children are 20 and 22. The 2 girls have always lived in that house, with their grandmother. The house is still in their mother's name, and in their uncle's and his wife. Their grandmother is elderly now. The girls plan on staying in the house. The brother's ex-wife was supposed to quit-claim her part of the house,agreed to in the divorce, but never has. Granmother has made the mortgage payments on the home for 13 years. I am worried about what will happen to the girls and their right to the home. Their uncle is a neer-do-well and just refuses to make any effort to straigten out the home ownership. They apparently never did a probate. Their mother died suddenly, no will, and their grandmother never did anything legally except to obtain legal custody of the girls. It's a mess. What steps should the girls take? They are both earning minimum wage or less, and grandma is on social security only. Thank you.


Asked on 7/21/04, 8:49 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Minors inherited 1/3 of home; never probated

The decedent's estate must be administered in court so a proper deed can be filed. Good luck

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Answered on 7/21/04, 10:23 am


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