Q: What would I have to do to get my dad’s property & assets? 3 days b4 dying he transferred them N2 his sister’s name.
He had no will & was not married. He and his sister went to the county and transferred everything into her name. He died from cirrhosis of the liver, and any web search shows that cirrhosis causes confusion in late stages of disease right before death. Not that it matters, but my aunt has no intention of giving his children anything. What would I have to do to take her to court for this? She is listed on death certificate, because no one called his children, as we were not communicating for the year before his death. But what would be the proper channels to go thru for this, would it be probate or circuit court? Thank u, in advance.
A: I am very sorry for your loss on the passing of your dad. You would need to seek out a Florida Probate Litigation Attorney and discuss the matter with them with respect to your options. This would be related to undue influence and or your dad not having capacity to do what he did and related influence that overcame or influenced his ability to make proper decisions. Probate matters are handled in the circuit court. Your probate litigation attorney will be able to guide you and advise you on all your options.
Terrence H Thorgaard and Ira Markowitz agree with this answer
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