Legal Question in Wills and Trusts in Florida

Probate
My parents owned a house jopintly. they got divorced in 1984. We cannot locate a Property Settlement. My father re-married, he and his new wife did not have children but she had children from a previous marriage. My father died, and then his new wife died and then my mother died. I am living in the house which is still in my parents name. I have two brothers who do not want the house and are filling to sign quit claim deeds. How can I proceed with getting this house in my name.

Asked on 2/28/07, 2:18 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: Probate

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First, I would check the court records for the divorce. If you cannot find anything, then a title search should be done to make sure you have not missed any possible transfers between your parents.

If you do not find anything, then the next step would be to open a probate for your mom. Your siblings can file a waiver in your favor for the property. The Personal Representative of the Estate will be able to transfer the title to you. You will also need to record a certified copy of your father's death certificate in order to clear any possible title problem(s) in the future.

Scott R. Jay, Esq.

Answered on 2/28/07, 8:47 pm

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