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Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 5647
Experience:  28 Years in General Practice and Estate Planning
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My brother inherited some land and trailer next to m. the

Customer Question

my brother inherited some land and trailer next to him. the trailor is paid for singed over to him. my newfew has movwed into th trailor and is making payments on the land. the owner has given nefew a quick claim to the property. my newfew is holding the deed to the mobile home and is pushing my brother into signing it over to him. we would like sopme kind of home for my brother-his home is falling apart. he is 54 yrs old, no longer able to work. he is going to sign to me to make decisions for him, as he is not able any more as a result of alcohol cosumtion. can you help tosee at least he has some kind of something to live in.
Submitted: 9 months ago.
Category: Estate Law
Expert:  Attorney2 replied 9 months ago.

Welcome and thank you for your question. I am not sure that I am totally following the question so I will break it down.

my brother inherited some land and trailer next to him. the trailor is paid for singed over to him. my newfew has movwed into th trailor and is making payments on the land. the owner has given nefew a quick claim to the property. my newfew is holding the deed to the mobile home and is pushing my brother into signing it over to him.

It sounded at first that your brother inherited the land and the trailer was signed over to him. You then state that your nephew moved into the trailer and is making payments to the landowner who provided your nephew with a quit claim deed.

my brother inherited some land and trailer next to him. the trailor is paid for singed over to him. my newfew has movwed into th trailor and is making payments on the land. the owner has given nefew a quick claim to the property. my newfew is holding the deed to the mobile home and is pushing my brother into signing it over to him. What is the nephew pushing to be signed to him?

Is the deed for the land? Who owns the land? Is the trailer on another person's land?

It also appears that you will have a power of attorney to make decisions for your brother. Is that correct?

Customer: replied 9 months ago.
the mobile home was signed to .my brother, but not as yet recorded. my brothers name is ***** ***** it.newfew wants him to sigh over the title to the trailor.now, my newfew has managed to get all the paper work my brother had including title to trailor. my newfew contacted the owner of the land an let her know he was making the payments for the land and she quick deed him the land which is still not completely paid for. the same person=people deeded newfew land and gave brother trailor. the land deed was recorded at court house sept. 2015. brothers trailor is on newfews land it appears.i will soon have power of attorney, but not yet.
Expert:  Attorney2 replied 9 months ago.

If the mobile home was owned by your mother and signed over to your brother it belongs to your brother. Only the owner of the trailer can transfer the title. No one can force him to sign anything. As far as the land the trailer is situated upon, who owns the land? The nephew may have a deed for the land but he has nothing for the trailer unless your brother signs it over.

Expert:  Attorney2 replied 9 months ago.

If in fact there was quit claim deed recorded between the land owner and the nephew the nephew owns the land as far as title is concerned and therefore owns the land the trailer is situated upon. Was there a contract between the land owner and the mother or your brother to purchase the land? If there was the landowner had no contract with the nephew and breached the contract with your mother/brother.

Your brother can have the nephew removed from the trailer. Where in Florida is the land located?

Customer: replied 9 months ago.
the problem is my newfew has gained all of the original paper work. how can we leagally get it from him?
Expert:  Attorney2 replied 9 months ago.

So your nephew will not release the documents proving title to your brother? How did he become in possession of the documents? If it stole the documents you can contact law enforcement who will no doubt defer the matter by stating that this is a civil matter. If that is the case you would want to have an injunction filed against the nephew to have the court order the title documents be returned to your brother. Where in Florida is real property located?

Customer: replied 9 months ago.
land and trailor is located in youngstown florida. how can we get the title away from him?=to the trailor and possobly all of the will, etc=oringal papers?
Expert:  Attorney2 replied 9 months ago.

You would file a complaint with the law enforcement for return of the legal documents to your brother (unfortunately law enforcement have a tendency to not get involved by stating that this is not a criminal matter but rather a civil matter) How did the nephew obtain the title documents? If the police/sheriff will not assist you have your brother file an injunction against your brother having the court order the return of the papers. Give me a moment to provide information on filing a court action and a link for local attorneys that provide free consultations. A demand letter from an attorney may to the trick.

Expert:  Attorney2 replied 9 months ago.

Are you still with me?

Expert:  Attorney2 replied 9 months ago.

This is a link for attorneys that provide free legal consultations http://lawyers.findlaw.com/lawyer/firm/wills/youngstown/florida

If the documents were taken unlawfully the action is called replevin

"78.01 Right of replevin.--Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided." http://law.justia.com/codes/florida/2005/TitleVI/ch0078.html

Sample complaint form for another county in Florida http://www.bakercountyfl.org/clerk/forms/replevin_complaint.pdf

Expert:  Attorney2 replied 9 months ago.

This is a link for attorneys that provide free legal consultations http://lawyers.findlaw.com/lawyer/firm/wills/youngstown/florida

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for mu work I would appreciate it.

Thank you for using JA!

Expert:  Attorney2 replied 9 months ago.

Please ignore the additional services request.

Expert:  Attorney2 replied 9 months ago.

The attorneys on this site do not receive credit for their work if you do not rate us positively. Do you have any additional questions for me or can I be of further assistance to you?