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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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My mother divorced her husband and got property in the divorce,

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My mother divorced her husband and got property in the divorce, then she died a few months later. Her husband started fighting my brothers in court to try and get the property back because they didn't have anything to do with her and they want to sell the property and I do not. Now her husband has died and I'm not sure if I should try and make a deal with them so that I keep the house and they get the rest of the land because I have not had much contact with them in my life. Or if I need to try and find some money to get a lawyer to try and fight for it myself. Plus a signed a Quitclaim deed to try and help her husband get it because he was going to give it to me when he died but he died before it was settled. I really don't know what to do next.
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Did you sign the quit claim deed with your mother?

Thanks
Customer: replied 4 years ago.

No it was with her husband she had already passed away.

Hi Jason,

I want to look up a few things for you. I will be back with an answer asap.

Thank you for your patience.
Customer: replied 4 years ago.

ok

Hi Jason,

Thanks for your patience. When parties divorce, the judgment of divorce divides all of the marital assets, including life insurance policies, property, etc. Once the property is divided, the assets that each party are awarded become part of their estate.

If your mother was awarded the house and property in the divorce settlement, then it was hers to do with what she pleased. If she left the property to you, then you own the property. Her ex-husband and his children have NO right to claim any interest in the property.

If you legally inherited the property and signed a quit claim deed to your mother's ex, then you gave up any rights that you had in the property. The property would then revert back to your mom's ex and his heirs. So, depending upon what was signed and when it was signed, you may have given up your rights to the property and/or house.

Given the facts as presented in your post, it would be well worth your while to hire, or at least speak to, an attorney who specializes in probate law. Sometimes, an initial consultation is free. You can discuss the specific facts of your case, show him/her the documents, and decide how you should proceed.

Below is a link to the Florida Bar Association Attorney Referral Page.

http://www.floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/ec2322e512b83d1e85256b2f006cc812?opendocument

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

.
Customer: replied 4 years ago.

My mother didn't have a will and it was my bio brothers trying to take to property to sell. I signed the Quitclaim deed to help her ex-husband get the property and he is now passed away.is there a form I can fill out to reclaim the property? Or would it be better to try and make a deal with my brothers to get the house or could that hurt me in court?

Hi Jason,

If your mother was awarded the house/property in the divorce, then it belonged to her. If she passed without a will, there is a statute that provides how her property would be distributed. Sec. 732.103 of the Florida Statutes provides:

732.103 Share of other heirs.
The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:


(1) To the lineal descendants of the decedent.


(2) If there is no lineal descendant, to the decedent's father and mother equally, or to the survivor of them.

So, if your mom died without a will, all of the brothers (biological and legally adopted) inherited the property in equal shares. You did not have the legal right to sign a quit claim deed to her ex husband for the property after her death unless your brothers were in agreement.

The deed may be declared invalid. But because the transfer of property is SO VERY SPECIFIC, it is VERY important that you speak to an attorney who specializes in probate law. You may have not had the right to sign the quit claim deed. If that is so, and the deed is deemed invalid, then all of the brothers own equal shares of the property/house. If you can't agree as to how the property should be distributed or sold, you may buy out the interests of your brothers, or if there is no agreement among you, the property may even be partitioned by the court. Again, that is why you REALLY should speak to a probate lawyer.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

 


xavierjd and other Legal Specialists are ready to help you
Hi Jason,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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