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Alex Esquire
Alex Esquire, Attorney
Category: Estate Law
Satisfied Customers: 16267
Experience:  Handled many probate matters
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After my father died in 1998, my sister took over all

Customer Question

After my father died in 1998, my sister took over all financial responsibilities on behalf of my mother, still living. A home was purchased with some of the insurance monies from my father. Over the years my sister was accountable for the finances and got my mom to sign papers in which she (my sister) is now the legal owner of the house. My mom's sees the house as her home and has lived in it for over 15 years. My sister has written her a notice of eviction and said she has to vacate the premises my July 15, 2016. My mother has no place else to go and is 84 years old. What is the process and does she have any legal recourse. She does not have money for a lawyer. This is in the state of Florida.
Submitted: 3 months ago.
Category: Estate Law
Expert:  Alex Esquire replied 3 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

When did the mother transferred the title of the house to the sister?

Was the mother mentally competent when she signed over the house to the sister?

Customer: replied 3 months ago.
I think it was shortly after my father died. A lot of papers were signed and my sister handled every thing. My mother trusted her. I think mom was just grieving and sister was planning ahead for what she wanted to do.
Customer: replied 3 months ago.
Mom said she told her to place other children's names on the deeds and she did not...are you there?
Expert:  Alex Esquire replied 3 months ago.

Thank you for your follow up.

Unfortunately, generally, it would be too late to contest a title transfer that took place more than 18 years ago, and generally, an eviction can take anywhere between 2-6 weeks in Florida, so unless, the elderly mother is able to find funds to consult and retain local elder law / real estate attorney who can review all the documents and also determine if there is any way to contest the deed executed more than 18 years ago, generally the best option would be to find a new place of residence or an assisted living facility, since if the eviction is ordered, the Sheriffs would remove the elderly tenant and her possession to the curb.

You can find an experienced and skilled local elder law / real estate law attorney by using this established and reputable attorney information / referral websites:
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to real estate/ elder law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter might be heard.
I wish you the best of luck!

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

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