Legal Question in Wills and Trusts in Florida
Mom's house with nephews' name on it.
My Mom died last April and in her will it stipulates that that everything be divided equally between myself and my two sisters. Our older sister lived with my Mom and it was agreed (verbally) by all that she could remain in the house until she either moved of died. Well we just found out that she has taken my Mom's name off the title and added her's and her sons'. Now my nephew is bragging that the house will be all his when my sister passes. Is there anything we can do to stop this? My older sister has health issues and might not be here much longer. So we need to find out what to do to get back our Mother's house.
2 Answers from Attorneys
Re: Mom's house with nephews' name on it.
You failed to indicate how the deed read. If it was joint ownership with your mom and sister, then she, as survivor is the owner. If not, the will should be probated and a new deed executed in the name of the 3 children. Good luck.
Re: Mom's house with nephews' name on it.
The executor of your mother's will should have filed what's called an executor's deed to retitle the property in your name and the names of your two siblings. If there was no will, then you and your siblings would need to file a affidavit of heirship with the probate division of the local circuit court where the property is located in order to have it retitled in each of your names.
Your older sister would have no authority to take the action which you've described and you likely would be well advised to consult with an attorney to review this matter.
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