Asked in Estate Planning and Probate for Florida

Q: Do heirs have ownership? House in trust was transferred from grantor to grantee and heirs. Grantee remarried and passed.

The 2011 transfer doc states "Grantor does hereby convey and transfer unto the Grantee, heirs and assigns, the following described property.....". The original trust was created for my father and his decendants. It was controlled by a trustee, as he had many issues. We benefited financially from the trust until he sued in 2019 to remove us and the trustee. We settled in arbitration and we were removed from all rights to the trust. However the house or its value were not listed as an asset of the trust. My father also created a will in 2020 and named his spouse and her heirs only. He died in 2021 and we are essentially left out of everything. Do we as decendants have any claim to the house? Is there any case for misrepresentation in the original suit? The home is/was the primary homestead for both of them. The house is valued nearly the same as the amount the trust was reportedly worth during the lawsuit.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: No, you do not have any interest in the property. If the deed was to "the Grantee, heirs and assigns", it means that the grantee was given "fee simple" title to the property. The wording " heirs and assigns" means the GRANTEE's heirs or whoever the GRANTEE might sell the property to; it doesn't mean your heirs or your assigns.

1 user found this answer helpful

Ira Markowitz
Ira Markowitz
Answered
  • Estate Planning Lawyer
  • Coral Springs, FL
  • Licensed in Florida

A: Who is listed as the Grantee?

If it was the Trust then it was probably settled in the agreement and you have no interest.

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