Tallahassee, FL asked in Probate for Florida

Q: I Quit Claimed deeded land to father and Stepmother.No right of survivorship noted. Dad passed in 2012 Stepmom in 2018.

Her heirs are claiming property. What about my rights.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: If your father didn't leave a will, you (together with any other of his children, if any) would be entitled to half of his estate, and your step-mother would get the other half. Has a probate petition been filed?

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

A: From what I understand you deeded property to your Dad and Stepmother and now they have both passed. Since your Dad passed first, the property most likely automatically went to your Stepmother in 2012. The question would be whether your Stepmother left you in her Will. If not, you do not likely have rights to the property, unless you stayed on the deed with them. You would need to have the deed reviewed for an exact answer. Best of Luck! Jennifer

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