Auburndale, FL asked in Real Estate Law and Probate for Florida

Q: Help Im lost on how to proceed with grandma's home left to her 4 kids in 1989, they never finalized the title; now I'm

trying to get legal ownership of the property. 2 Uncles are deceased, 1 Uncle still alive, and now I'm legally owner of the last 1/4 because my mother deeded it over to me. Both deceased Uncles have been gone for over 10 years without a probate process processed on their estates. I've lived in the home for over 15 years off and on (most recent 10 years straight). It was agreed upon by 2 Uncles and my mother that the home would be mine but that at the time I could live here paying no rent just the property taxes and the maintenance. All upgrades where okayed because it was going to be mine. My grandpa had papers drawn up on what to do with the property after my grandma died per her request. So how do I proceed with the 2 deceased Uncles part of the property when their estates haven't been through probate and in gmas papers states that their part is to be divided to the lineal descendants. Without the 2 Uncles part being processed in probate I can't get their 1/4 parts deeded to me.

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3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: I think you already know the answer, which is hinted at in your question. Your uncles’ estates need to be probated. A probate attorney can help you.

Terrence H Thorgaard agrees with this answer

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

A: I have agreed with the previous answer, but I also would add the following:

Evidently the grandmother didn't leave a will, although the papers she had her husband (the grandfather) draw up might possibly constitute one. Another option would be to claim title by adverse possession. In either case, it's going to require some sort of court case.

Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: It looks like you will need to hire an attorney to open your grandmother's estate (if the property appraiser still lists the property in your grandmother's name with "heirs" after her name and then you will also have to open the estates of both of your uncles. Then after that, for you to have clear title of 100% of the property, your uncle's heirs will have to deed their interests to you. This is all doable, but it will be a process involving three estates and quitclaim deeds. You are welcome to call my office for a free phone consultation. Our office handles probate estates anywhere in Florida. We offer flat fees for summary administrations.

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