Orlando, FL asked in Estate Planning and Probate for Florida

Q: I am living on a piece of land that my dad gave to my brother can his children evict me before probate Court

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2 Lawyer Answers
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Estate Planning Lawyer
  • Fort Lauderdale, FL

A: More facts are needed about the way your brother owns the property and the conditions under which you have the right of possession to answer this, as well as whether an estate for your brother is currently pending.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Probably not, unless and until someone is named personal representative of the estate/probate and or the probate moves forward and an order and petition is signed by the probate court/judge, it is likely doubtful. It may also depend on what the deed to the property says and what your ownership interest in the property (home)/land is and what the will or trust states. It is not quite so easy to until things start to move and ownership and beneficiaries are determined properly.

Nina Whitehurst agrees with this answer

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