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C.Fortunato
C.Fortunato, Lawyer
Category: Real Estate Law
Satisfied Customers: 8023
Experience:  Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
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My mother died in 1977. She did not leave a will. She left

Customer Question

My mother died in 1977. She did not leave a will. She left a home to me, my older sister nd younger sister. My mothers lawyer took care of the will. My older sister hire a realtor to handle the rent of the home since 1977. She received all the rent money.
Do I still have right to that home?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  C.Fortunato replied 1 year ago.

cfortunato : Hi - my name is XXXXX XXXXX I'm a Real Estate attorney here to assist you.
cfortunato : If ownership of the home was transferred to you and your sisters after your mother died, and if you did not sell your ownership interest to anyone else, then you do still have a right to the home.
cfortunato : In other words, you still own a one third interest in the house.
cfortunato : It does not matter that the home has been rented to someone else.
Customer: No, I never sell my ownership to anyone. Do I need a lawyer to handle this because my sister turns hysterical every time I ask about our house in Pensacola, Florida?
cfortunato : You would only need an attorney if you want to sell the house.
cfortunato : Have you been receiving any of the rent money?
Customer: No I never receive any money at all.
cfortunato : I think your sister gets mad at you for inquiring about the house because she is afraid that you will eventually realize that you and your other sister are entitled to receive some of the rent from the house.
Customer: What can I do or should I do?
cfortunato : What do you want from the house? Do you want to sell it? Do want to keep it but receive some of the rent?
cfortunato : Or something else?
cfortunato : Also, why haven't you been receiving any of the rent?
Customer: I want to get what I am entitled to, but impossible for me to talk to her. She has not share any of the money from the rent to me since 1977.
Customer: Because she told me that I do not have any right to the house.
cfortunato : If she will not talk to you, then you will need to hire a Florida attorney to help you.
Customer: I live in California, can I hire an attorney from CA. I do not know any attorney in Florida. My sister is scary and very mean.
cfortunato : You can easily find a Florida attorney by calling the Florida Bar Association. The phone number is:
cfortunato : (850)561-5600.
cfortunato : It would also be a good idea to first send a letter to your sister
cfortunato : explaining that you know you are entitled to some of the rent
cfortunato : and that if she will not talk to you, then you are prepared to hire an attorney to represent your interests.
cfortunato : And that if you have to hire an attorney, she can be held liable for the legal fees.
Customer: Ok. Its very sad to think that I need to sue my own sister, but I don't have any other choice. I have been asking her about the house. She made my younger sister transfefred all the right to her already.
cfortunato : It really sounds as if she is a bully.
Customer: Very. I trusted her so much but I think I need to do something about her greediness this time.
cfortunato : And that she is just trying to intimidate her sisters into giving up their rights.
Customer: Thank you very, very much for your answers.
cfortunato : You're welcome!
cfortunato : And hopefully, you will not be intimidated into signing over your rights to the house.
Customer: My younger sister is paralegal, and she sent me papers to sign the house to my older sister, but I did not sign any papers.
cfortunato : So, not only did she sign over her share, but she wants you to do the same! That does not sound like something that is in your best interest.
cfortunato : Again, you should call the Florida Bar Association.
cfortunato : It will not cost you anything to get a phone consultation.
C.Fortunato, Lawyer
Category: Real Estate Law
Satisfied Customers: 8023
Experience: Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
C.Fortunato and 2 other Real Estate Law Specialists are ready to help you
Expert:  C.Fortunato replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  C.Fortunato replied 1 year ago.
That is, after you first send your older sister a letter.

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C.Fortunato
C.Fortunato
Real Estate Lawyer
8023 Satisfied Customers
Expert in Landlord/Tenant Law. Licensed Real Estate Broker.