Orlando, FL asked in Probate for Florida

Q: My grandfather died and left his house to my mother , father and uncle. Now their all dead who does the house go to?

If none of them had a will and my mother and father died first , then my uncle ??

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3 Lawyer Answers
Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: If this has not happened more than a few years ago (like two or three), the the house may still be owned by your family.

Assuming your grandfather's house was transferred by probate or deed to your relatives, then upon the passing of your parents it went to your uncle. However none of this happens automatically. It requires some filings and perhaps probate of each estate.

If your uncle had no other closer relatives, the house can now be transferred to you. The point of probate in this circumstance is that you need someone with authority to make the transfer. In this type of matter that person is typically the probate judge.

You need to see a probate and / or real estate attorney to sort this out.

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Probate Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: There are lots of additional questions that need to be answered, but basically a probate needs to be filed for everyone. If your grandfather didn't have a probate done, his estate would need to be probated to transfer the property to your mother, father and uncle. If the property was already transferred to your mother, father and uncle, the document transferring the property would have to be reviewed to see what type of ownership they held their interest in to see what additional probates are needed. It appears at least 2 probates will be required to transfer the property again. The property ownership will depend upon how the ownership was titled. If your uncle left a wife or children, they would likely share with you and any siblings you have. Your best bet is going to be to schedule a consultation with a probate attorney to determine for sure what the next steps are and what ownership interest you may have.

Jennifer

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: If the house was paid for at the time of death. (Many houses go into foreclosure after a person dies if the mortgage does not get paid or the property taxes) then I suggest that you consult with a probate attorney in the area where the property is located to get an evaluation.

Good luck.

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