Estate Law Questions? Ask an Estate Lawyer.
Welcome and thank you for your question. I am not sure that I am totally following the question so I will break it down.
my brother inherited some land and trailer next to him. the trailor is paid for singed over to him. my newfew has movwed into th trailor and is making payments on the land. the owner has given nefew a quick claim to the property. my newfew is holding the deed to the mobile home and is pushing my brother into signing it over to him.
It sounded at first that your brother inherited the land and the trailer was signed over to him. You then state that your nephew moved into the trailer and is making payments to the landowner who provided your nephew with a quit claim deed.
my brother inherited some land and trailer next to him. the trailor is paid for singed over to him. my newfew has movwed into th trailor and is making payments on the land. the owner has given nefew a quick claim to the property. my newfew is holding the deed to the mobile home and is pushing my brother into signing it over to him. What is the nephew pushing to be signed to him?
Is the deed for the land? Who owns the land? Is the trailer on another person's land?
It also appears that you will have a power of attorney to make decisions for your brother. Is that correct?
If the mobile home was owned by your mother and signed over to your brother it belongs to your brother. Only the owner of the trailer can transfer the title. No one can force him to sign anything. As far as the land the trailer is situated upon, who owns the land? The nephew may have a deed for the land but he has nothing for the trailer unless your brother signs it over.
If in fact there was quit claim deed recorded between the land owner and the nephew the nephew owns the land as far as title is concerned and therefore owns the land the trailer is situated upon. Was there a contract between the land owner and the mother or your brother to purchase the land? If there was the landowner had no contract with the nephew and breached the contract with your mother/brother.
Your brother can have the nephew removed from the trailer. Where in Florida is the land located?
So your nephew will not release the documents proving title to your brother? How did he become in possession of the documents? If it stole the documents you can contact law enforcement who will no doubt defer the matter by stating that this is a civil matter. If that is the case you would want to have an injunction filed against the nephew to have the court order the title documents be returned to your brother. Where in Florida is real property located?
You would file a complaint with the law enforcement for return of the legal documents to your brother (unfortunately law enforcement have a tendency to not get involved by stating that this is not a criminal matter but rather a civil matter) How did the nephew obtain the title documents? If the police/sheriff will not assist you have your brother file an injunction against your brother having the court order the return of the papers. Give me a moment to provide information on filing a court action and a link for local attorneys that provide free consultations. A demand letter from an attorney may to the trick.
Are you still with me?
This is a link for attorneys that provide free legal consultations http://lawyers.findlaw.com/lawyer/firm/wills/youngstown/florida
If the documents were taken unlawfully the action is called replevin
"78.01 Right of replevin.--Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided." http://law.justia.com/codes/florida/2005/TitleVI/ch0078.html
Sample complaint form for another county in Florida http://www.bakercountyfl.org/clerk/forms/replevin_complaint.pdf
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.
If you would be kind enough to rate my service positively so I will receive credit for mu work I would appreciate it.
Thank you for using JA!
Please ignore the additional services request.
The attorneys on this site do not receive credit for their work if you do not rate us positively. Do you have any additional questions for me or can I be of further assistance to you?