Legal Question in Wills and Trusts in Florida
right of survivorship
Five sibblings.two quit claim to other three one sells to brother in law, he and wife die he passes to son in will.No probate for either.Where do I stand in this? There is a cavert placed against poperty. There are two more final judgements against brother in law filed in court system. I would like to sell poperty because of the taxes accuring and i live to far to take care of the place and it has been vandalized and is in need up keep.Do I own 2/3 and nephew 1/3?
1 Answer from Attorneys
Re: right of survivorship
I am not sure I see the entire picture. If two give their share to the other three, then each of the three own one-third each. Probate will be needed for the one-third in the name of deceased. Claims against the deceased only valid up to value owned by deceased. Property can be sold but you will need to take this matter through the probate court. Call me if you want to discuss your options.