Q: My mother's estate is currently in probate and my sister is trying to take over my share of the inheritance as well.
My mother died intestate leaving myself and my sister as the sole heirs. My sister,whom for the prior thirty years was estranged became the executer of her estate. She then somehow managed to get my mother's house retitled from my mother and deceased grandfather to now showing herself and my deceased mother as the owners. I had been living in the house with my children and mother for twenty years and my sister kicked me out and retained my belongings. She is currently represented by an attorney whereas, now myself and my daughter are homeless. How was she able to do this. Especially since my mother's estate is still in probate and what can I do about this injustice
A:
Given the situation you're describing, here are some key points to consider:
Intestate Succession: Since your mother died without a will, her estate would typically be distributed according to Florida's intestate succession laws. If there's no surviving spouse, the estate would be split equally among the children (you and your sister).
Executor Role: Your sister, as the executor (or personal representative in Florida terms), has certain powers but is also bound by legal duties. She should not be acting unilaterally to benefit herself over you without court approval.
Title to Property: The act of changing title to the house to include herself and your deceased mother is highly irregular and potentially illegal without proper legal proceedings or court approval, especially while the estate is still in probate.
There are several steps you can take including objecting to the probate, requesting an accounting, and request the return of your personal property.
Schedule a free consultation to make sure your inheritance is protected.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
