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Probate of Father's Estate - Question about who owns the property

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Butterbloom

Junior Member
What is the name of your state (Florida)?

My father passed in 2007. The executor of the estate is my bother. I am the only other child.
My brother hired an attorney to settle the estate. At the time I trusted my brother and didn't
feel like I had anything to worry about. (Silly me) Since that time, my brother told me that I
basically had no part in the estate and his attorney later sent me a letter telling me that when
he went to settle the probate he found that my father had sold my brother his home for $10
setting up a living trust.

Now, I receive a Order from the Circuit Court that reads:

"On the petition which was filed regarding a request that the Estate to Remain Open and good grounds having been
shown

It is Ordered and adjudged:

1. This Estate shall remain open until such time as the real property that is owned by the estate is sold; but, in no
event, later than December 31, 2013.

2. Determination of any "Trust" that was allegedly set up must be resolved prior to any distribution and closing of the Estate,
which shall occur no later than December 31, 2013."


(Please note that my father had stated that a trust were to be set up with the Estate for the benefit of my brother, myself, and
our living children at that time and up to a certain length of time beyond his death. He verbally told us it may require two trusts
to be set up. He had a few personal assets that he told us to sell and put into the trust along with the monies in his money-market
account, savings and checking. There we other personal things that he told me my brother was to have. Well, I got $800 from one
little life insurance policy that we were able cash without probate. Everything else my brother took and told me that if there were a
estate were to be divided up it should be divided up between the children and us. Not what my father wanted. He wanted trusts to
be set up by the two of us for us and our children. My brother decided to quit talking to me and hasn't now for almost 7 years now.
I moved out of state. The house has not been sold but appears that there is someone living in it. Possibly being rented.)

I called the Property Appraiser and they have the property listed as being handled by my brother but did not have him listed as the
owner. This tells me, he did not receive it 30 years ago from my father in a $10 purchase and a living trust was set up. Am I correct?

Do I still have a snowball's chance to receive anything from my father's estate?
 


Butterbloom

Junior Member
I found that he is the "personal representative" of the property according to the property appraisers office.
So it sounds like to me it still has to go to probate and he is NOT the owner. Am I right? He is the executor only.

Do I have to get an attorney to get my share of my inheritance or does the court just handle this according to the
will?
 

HomeGuru

Senior Member
I found that he is the "personal representative" of the property according to the property appraisers office.
So it sounds like to me it still has to go to probate and he is NOT the owner. Am I right? He is the executor only.

Do I have to get an attorney to get my share of my inheritance or does the court just handle this according to the
will?
**A: you need an attorney like from 2007.
 

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