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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My faiher died . I am only child; he left all to me . I

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My faiher died . I am only child; he left all to me . I live in Kentucky , he in florida . I had a lawyer in Florida to settle estate which consisted of a mobile home and contents, lot, and boat. A lawyer in FL transferred it to me, but failed to transfer and make a deed on the lot. I did not know this until I decided to sell it, and didn't have a deed on the lot. The lawyer's name is XXXXX XXXXX  When I contacted him, he told me was now a judge and didn't have records now, and he wasn't practicing law and he couldn't help me. I paid him to settle the estate Oct. 3, 2001. What can I do? xxxxxxxx                               Phone: XXX-XXX-XXXX e-mail: [email protected]
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

I am very sorry for your situation. What you have to do is reopen the estate proceeding to get special Letters of Testamentary from the court, so you can move the lot deed into your name using said Letters.

Florida Statute §733.903 allows for reopening of estate after it has been closed. In order to petition and then successfully reopen an estate that has been settled by a court, you must have good cause to reopen. It is arguable that this is good cause, indeed.

Obviously, this should be done using an attorney. You can find an attorney here:

You may also be asking about malpractice against your old attorney. I am afraid that since this was from 2001, it is too late to file said claim because the statute of limitations has run out. A legal malpractice claim must be brought within two years of the injury, per Section 95.11(4)(a).

However, you may still file a grievance on the attorney and the Bar may mediate to have him reimburse you if they agree to look into the matter:$FILE/Inquiry%20Complaint%20Form.pdf?OpenElement

While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.

I hope this finds you well. If you need more information, simply hit reply so we can chat until you have all the answers. Please remember to rate my answer – I do not get credit for my time with you unless the answer is rated positively. I work very hard to formulate an informative answer for you; please reciprocate my good faith. You may always come back to this thread for follow ups on this topic free of charge after rating the answer.
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