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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3662
Experience:  25 years of experience in general practice, real estate law and estate law.
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2002 will probate of parents home had three sisters quit claim

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2002 will probate of parents home had three sisters quit claim to fourth sister in favor of disabled brother's future benefit then in state hospital. However, brother did not quit claim his share to fourth sister even though he was not deemed incompetent. Lawyer for probate claimed he was to be permanently institutionalized by whose authority? Released in 2004 from hospital. Does he have claim against fourth sister or lawyer?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Hello and thank you for your question. The home was left to 4 sisters and a brother?
Lisa is power of attorney over your brother?

 

Can you explain a little more?

Customer: replied 1 year ago.

Yes, five siblings of which four are sisters. Brother has frontal lobe damage at age 20 from motor cycle injury. Placed in state hospital involuntarily.. Lisa recently has power of attorney after release from state hospital this month. Sister with money from estate for his benefit is not forthcoming with funds for his clothing, cigarettes, medicines, etc. He is disabled on SSI with medicare and medicaid. Original purpose of quit claim was to pool money for his benefit in future. However depository sister has other designs on money and did not want him released or pay his incidental bills which Lisa is now bearing alone without recompensation. She is seeking relief from scam on his share of home and truck of probate for his benefit. Was there an error in not having him sign quit claim himself? Is there a statute of limitation running since his release in 2004 or now (recently committed for one year) or since discovery of this error in the last year by Lisa?

Customer: replied 1 year ago.

It appears the will excluded the brother because he was supposedly in the care of the state of Florida. The three sisters quit claimed their share of home to the fourth sister with implied understanding of the money going for brother's care in future when needed. House sold for $87000 in Oct, 2001 and probate settled in 2002. Mortgage unknown at this time. Is there a small claim or other against fourth sister for implied use of funds?

Expert:  Attyadvisor replied 1 year ago.
Thank you for the clarification and sorry about the delay in my response.

Let me clarify a few matters and we will proceed from there.

Was the house left in a will to all siblings? Who was on title when the house was sold? I am trying to determine if your brother was on title since he never deeded his quit claimed his interest?

Who was the executpr of the estate? Was the attorney hired by the executor?
Customer: replied 1 year ago.

The will only named the depository sister as sole beneficiary of will. The three sisters signed a consent to determination of homestead status of real property only. Not quit claims. Brother was excluded because of statement of lawyer representative to probate court "It should be noted that Mark... is confined to a State Mental Facility, is a Ward of the State and will be confined and a Ward for the remainder of his lifetime." This statement was


proved erroneous in 2004 when he was released on his own to an ALF until recommitted in 2012 for one year. At no time was his interest represented to probate or was he given notice.


The executor of estate was the sole sister depository. The title of home was father only.

Expert:  Attyadvisor replied 1 year ago.
Thank you. I now understand the situation.

First there is definitely an issue with the attorney's statement with regard to your brother's situation. It seems clear from all of the information that you provided that your brother's care was the predominant issue on everyones mind when your sisters signed the consent. I am trying to ascertain who hired the attorney. Was the attorney representing all of the siblings or just the executor.

Has probate been closed? Did you ever receive a final accounting?









Customer: replied 1 year ago.

Thank you for your help. The attorney was also the will writer and representative of executor only. The sisters and brother were never represented to court. In fact the Order of Summary Administration in April, 2000 states "the Court finding that the decedend died...., that all interested persons have been served proper notice of the petition and hearing or have waived notice thereof..." The only known signed papers or notice from the executor, lawyer or court was the Consent to Determination of Homestead Status of Real Estate which does not include the brother who was in the custody of the State of Florida at that time.

Expert:  Attyadvisor replied 1 year ago.
Is there anything written in the will that states that money from the sale of the home would be used for Mark's care?

You are correct that if he was not incompetent he needed to sign the consent.
Customer: replied 1 year ago.

No mention of care of Mark. Was implied to all sisters.. Because he was on medicaid I suspect that funds were diverted in that regard. He has never been deemed incompetent but was admitted involuntarily to State Hospital. This is not the same as a court determination of incompetence? If so, is not the probate subject to reopening or threat of same?

Expert:  Attyadvisor replied 1 year ago.
He has never been deemed incompetent but was admitted involuntarily to XXXXX This is not the same as a court determination of incompetence? If so, is not the probate subject to reopening or threat of same?


If he was admitted involuntarily he would need to be admitted by a court order. Did the court order his commitment?

Let me do some research to see if there is any possibility that the probate court will hear the case after this amount of time has passed.

If his care was implied I am not sure how you can prove that the funds were not used properly.

Customer: replied 1 year ago.

He was admitted by court order in 1978+ until 2004. Depository sister


executor attempted to block his release in 2004. He was released on his own to an ALF between 2004 to 2012 and now currently. I agree with your other statements. Is there any leverage possible? Thanks.

Expert:  Attyadvisor replied 1 year ago.

Under a court ordered commitment your brother would certainly be considered incompetent at that time. I am concerned with the attorney's statement leading the court to believe that your brother would remain confined for the rest of his life.

After all these years I don't know if the State Bar Association would open an investigation.

This is the link for the State Bar

http://www.floridabar.org/tfb/TFBConsum.nsf/0A92A6DC28E76AE58525700A005D0D53/37E34BBB81F1EE4E85256C0D00703FF4


You may want to call them and ask them if filing a complaint would have merit at this point in time.

The Statute of Limitations in Florida is 4 years.

Without proof of an agreement to provide care for your brother, it will be exceedingly difficult and costly to file suit against your sister. If your brother had received any distribution from the estate he may have lost his government benefits and would need to re-apply when that money ran out.

I hope that the information I provided has been helpful. I know that this was not the answer that you were hoping to receive. I hope you are not unhappy with my service due to me providing bad news. Thank you for using JA!

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3662
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 3 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 1 year ago.

Thank you.

Customer: replied 1 year ago.

Hi, this is Lisa, Marks sister I would like to give you a bonus but the expenses for Mark are draining me. Thank you for your help. Lisa

Expert:  Attyadvisor replied 1 year ago.
Lisa:

I totally understand. No worries. I think the site sends out customer satisfaction surveys. A positive rated survey is the best bonus you could possibly give to me.

Thank you for using JA!

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