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My sister is living at a residence that she has lived since…

Customer Question
My sister is living...

My sister is living at a residence that she has lived since 2014 with her step-father that has since passed. My step-father had his name only on the land deed but the house remained in his and my mothers name. His daughter sold the land however, had no rights to sell the house since it was in both my mother and his names. He is trying to evict her and no one know what to dodo since he owns the land but not the house. The land nor house even went into probate because they thought that his daughter was the only heir to both. I need to know what my sister's options are.

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

Richard purchased the land in Jan 2018 and served my sister with eviction paperwork yesterday 3/20. She sent paperwork stating why she should not be evicted to the court today 3/21. No lease was ever singed not was rent discussed between my sister and Richard- the owner of the land

Lawyer's Assistant: Where is the residence located?

Live Oak, FL Suwannee county

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't know if matters that my that it has been my sister and her 3 children's home for the past 3 1/2 years. The court hose told her that all heirs would have to come to agreement to decide what happens with the house. Jame has 1 daughter and I have 2 sisters and 1 brother.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
3/21/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,450
Experience: Licensed to practice before state and federal court
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Hello I am an attorney here to help. I think that your sister may be in some trouble. When a person owns land, they own the land and any improvements on the land, including any homes or structures built. If someone has the title in their name alone, then when they die, the land goes to their next of kin. Land is normally supposed to be probated when someone dies, and if it hasn't, your sister could sue to have the will probated and challenge the will of she was actually given the house.
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Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
She would need to file in the county where her father died. Did you have any other questions for em today?
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Customer reply replied 3 months ago
The problem is that the land was in his name only but the hose was in his and my mother's name and was never probated. Does she have any options?
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Well, the problem is that the deed is going to be to the land and not the house. The house is just an improvement on the land. Did your mom die first or did the father?
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Customer reply replied 3 months ago
My mother actually purchased the land and added him to it but when she passed in 2011 he had her name taken off of the land deed.
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
I see. So if someone dies without a will, their spouse gets all the rights to their real property. I think your sister may be mistaken as to the law. If her and her father were not related, then his daughter gets the land and the home. The two aren't separated. The property must still go through probate before the county officially recognizes the daughter as the owner, but once they do, she is the landlord and can have your sister removed. Your sisters best bet is to challenge ownership, but I don't think she would have a successful defense in this case since the land and the home are indistinguishable under the law. The only exception would be if your sister had a life estate, meaning the father allowed her to stay until her death. Otherwise, she may have to find alternative accommodations.
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Customer reply replied 3 months ago
How would she challenge the county regarding ownership
Customer reply replied 3 months ago
Since it never went through probate
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
She would not challenge the county, she would actually have to challenge the daughter she would have to file a petition against the daughter to have the estate officially probated. She could then challenge the daughter regarding ownership and then provide proof that she has that she is the rightful heir. Did you have any other questions for me today?
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