Miami, FL asked in Estate Planning for Florida

Q: Hello, my father died and the land was given to the heirs of estate do i have claim?

My father never had nothing written about property, so it was given to my brother, and sister. So my brother, and sister guarding so the property to my mother. Being that I was young do I have legal rights to being a heir to property?

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2 Lawyer Answers

A: The only way to transfer land after death is by probate, unless the property was in a trust. When the probate was filed, whatever heirs were living and entitled to inherit would have been included in the probate. If you were excluded from being named as an heir because of your age, you may be able to petition the court for an award of some % of the property, but you would need to review the documents you do have with an attorney to determine your exact status, rights and options.

Best of Luck! Jennifer

A: It is not clear from your question whether or not a probate estate was ever opened. If it was opened and you were excluded, you should talk to a probate attorney about re-opening the estate. If it was never opened, then it is not too late. You will need a probate attorney to help you, though.

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