Asked in Contracts, Estate Planning and Probate

Q: Court gave a declaratory judgement on title rights on property sold to her son 5 years earlier ,paid with bank wire.

Issued Quit Claim Deed not filed. Did not list the conversion back to estate. Filing a Rule 60 to vacate declaratory judgement. I mistakenly thought hearing on expedited basis without counsel just to set discovery, pleadings etc. Instead car overheated ,telephonically held and in 9 minutes rush to verdict, all findings for petition. I stated equity interest, no mention in findings, over before i knew it. The problem is didnt include in claim to estate. Can i file an amended claim, ask in alternative if loose or not heard rule 60, can the proceeds from sale go to constructive trust. Looking to say i intentionally delayed administration of estate not wanting to vacate home until final appeal or protection of over 100,000. Paid and my other claims on excess of 50,000. How should i proceed. Located in Phoenix/Surprise Az. Thanking u in advance.

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Estate Planning Lawyer
  • Tallahassee, FL

A: The VERY FIRST THING you should do is hire a qualified lawyer and stop trying to represent yourself. There are ways to fix SNAFU's like this; however, you should expect to pay attorney fees to rescue you.

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