Orlando, FL asked in Probate for Florida

Q: Can u sell parent's home while they are in nursing home, father only on deed, was told one sibling on title as and/or?

Four birth children and two adopted from his second marriage, all in our 50s and 60s. While my father was alive I kept asking one sibling if my father had a will, legal documents and what he wanted to have done with his house. My sibling refused to answer me every time. My father was in a nursing home at this point and I did not have transportation or access to any legal documents that my other siblings would have. I knew if no will we would all have to sign off on his home and everything was supposed to be divided equally. My father passed, I was discussing his services, was told I would be called back in a few weeks as to a date. The same one sibling called after they all had his services and told me what they had already done which took place a few weeks after my father went into the nursing home. My sibling lied and stated the house was a total loss and unlivable, but I found out last week my eldest sibling sold it and it was and resold. Realtor stated sibling on title.

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

A: It appears that your father transferred title to one of your siblings. If you can prove that your father didn't have the requisite mental capacity, you may be able to sue to set the deed aside or recover your intestate share of the estate.

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