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lwpat
lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25386
Experience:  Practicing attorney with expertise in easements
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Real Property Profit Illegally Distributed?

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I believe my aunt illegally sold my grandfather's house to me and shorted my mom her half that she was entitled to from the sell however I need to find out if we have a leg to stand on. I don't have the complete document but the line I can read says: 1. That because the last will and testament of Glenn Carroll Teague (lines are blurry) cannot be found after reasonable and diligent inquiry and the sole nominated personal representative, Viola M. Teague is deceased, a Petition Summary Administration Interstate and a Petition to Determine Homestead Status of Real Property Interstate. Descendants exempt is being filed affiant as the nearest surviving lineal descendent with the full knowledge and agreement of Linda Kay Kelley; and 2. That Affiant upon the closing summary administration will quit claim 1/2 undivided interest in the sole asset of the estate, the homestead, to Linda Kay Kelley. Then a signature from my aunt. Now I just bought the house from her and she severely cut Linda's share (my mother) her name was the only name on the deed although according to what I just read I don't understand how that could have been done legally. Do we have a leg to stand on to try and get my mom's share of the sell?  Just because I don't get the answer I want doesn't mean I won't pay I just need it explained at the very least.  This was also in the state of FL.

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It appears that your mother should have been deeded one half of the house when your grandfather's estate was settled from probate. The place to start is the county probate court and your grandfather's file. Have the clerk make a complete copy of the file for you and then take it to a local attorney for an opinion. Someone will have to review the actual paperwork from the probate court. The court should have been certain that the property was transferred prior to closing the estate but sometimes things like this fall through the cracks. It does sound like your mother is entitled to one half of the property. Good luck
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