Leesburg, FL asked in Estate Planning, Family Law, Elder Law and Probate for Florida

Q: What's needed to claim deceased relatives property?

My great aunt passed away in 2013 and everything went to my great uncle as the will stated. then in 2015 my uncle passed and being the executor his estate and his power of attorney before that I'm wondering what's needed to claim property in my great aunts name that we just found a few months ago. Or if I'm even able to claim it now?

1 Lawyer Answer
Jason E. Neufeld
Jason E. Neufeld
  • Estate Planning Lawyer
  • Aventura, FL
  • Licensed in Florida

A: Hi there - given that you uncle passed away about 7 years ago, the first step would be to determine if a probate has been opened. There are many factors that would go into whether or not you have anything to claim:

1. Was there any property left to probate at your uncle's passing?

2. How was the property titled (was it in his name alone, were there "pay-on-death" beneficiaries listed on any financial accounts or Lady-Bird/Life-Estate Deed type language on any real estate.

3. Is there a will or trust involved.

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