Miami, FL asked in Real Estate Law for Florida

Q: Do my step siblings have a right to the property?

My parents want to sell me their house so they can buy a condo in Dominican Republic. The house is paid off. I want my dad to transfer the deed so it’s in my name and then I can take a mortgage out for their condo. My mom is afraid that my dads other kids will try to claim the house even though it’s in my name. Can my step siblings take me to court after my dad passes and take the house from me.

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: A parent has no obligation whatsoever to leave anything to adult children in the State of Florida. Yet, any adult child or other interested party can potentially challenge and dispute a Will and or transactions as a result of undue influence, fraud, lack of capacity, etc. It is best to clearly state in an estate plan/ Will why something was done and do so timely before there are any serious medical and or mental conditions, otherwise you open yourself up to potential challenges.

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