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

Q: My mother passed away in 2016. Her sister and mother "tried" to record a quit claim deed that mother supposably signed.

The clerk never processed said document. I went to probate court and received my mother's home and property. I'm trying to sell the home and property but a buyers title company said that I would have to get my mother's sister off the deed. But it was never recorded or processed, it is of public record because it has to be. If my aunt thought for a second that she had any sort of ownership to a blade of grass of my home, she would be here every day screaming!!!! What can/should I do so I can sell. If I have to have my aunt sign off (even though I know she doesn't own my home or Property) I'd have to give her half of the sale proceeds and she's not entitled to them! And bc of all this, the buyer has terminated the contract to purchase my home. Please advise me

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

A: You will want to have a Florida Real Estate or Probate Attorney look at the probate documents and or any deed/s that may exist, if a probate was done as you have mentioned, then there should be an order from the probate court/judge that specifies the property as homestead or real property as being owned by you, this document should be recorded in the property records, if this was not or has not been done, then you may want and need to revisit the probate. There should have been a Petition to Determine Homestead Status of Real Property or similar done and there should have been an order related to this petition and the property should have been put in the proper heirs/beneficiaries names and recorded by you or the Personal Representative or Petitioner of the estate. So, the deed and previous probate should and will be your advised starting point. This may clarify things and may allow you to circumvent having to deal with the aunt maybe.

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