legal will of deceased mother gave her share of real estate(house/land) to my five siblings,on an equal basis(1/5), I have been paying all expense-totally for past 10 years. Will has been adjudicated nor entered into probate, brother is executiner and has not attempted toclear matters. Will was drawn up in state of Florida, Franklin county. Property was originallyfiled as me being sole survivor,however it was later changed by mother to be joint tenancy,then later to 50/50 owenership, where it now stand, what are my legal options, and how long can the will remain or how long can the deed remain tainted$
Country relating to Question: United States
State (if USA): Florida
have siblings sign over property to me on quit claim deed as my financial support has been just me alone.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.As I understand it, the deed to the house is listed as you and your mother as tenancy in common, that is half to each party without joint tenancy or right of survivorship and you agree that is a valid current deed.
I am not sure if the deed is legal or valid as all the changes were made by my deceased mother prior to her death and I was not a party to the changes at any time though I was an adult at the time she made these decisions on her own..The deed is filed as joint tendancy as the last change. Hx. I purchased this home in 1967 with the agreement that I would be sole survivor, she would live there for just the mortgage payment of which most of the timeI paid, and we eventually paid it off.
If the deed is joint tenancy then you own all of the house by operation of law. The will is of no effect and is not valid as to the house if the deed is joint tenancy. Joint tenancy means that the property automatically goes to the joint tenant on the death of the other joint tenant. Your siblings have no right title or interest in the house and you are the sole survivor.
Actively practicing trial attorney
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