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M

mgaal

Guest
What is the name of your state? Florida
My husband died last year intestate.We had 3 children together and The title to the property was in his name only.I was given life estate and was told I would be able to refinance the house or anything I needed to do to maintain it and keep up the taxes.I was in the middle of the refinance when the title search revealed that the 3 children were on the title as owners and I could do nothing but live there til I died.The attorney informed me that I did not need to obtain guardianship but it turns out I do.Was I misrepresented and what is my recourse.
 


H

HomeGuru

Senior Member
mgaal said:
What is the name of your state? Florida
My husband died last year intestate.We had 3 children together and The title to the property was in his name only.

**A: how could the title to the property be in his name only when the title report revealed the 3 children were also on title?
********
I was given life estate and was told I would be able to refinance the house or anything I needed to do to maintain it and keep up the taxes.I was in the middle of the refinance when the title search revealed that the 3 children were on the title as owners and I could do nothing but live there til I died.The attorney informed me that I did not need to obtain guardianship but it turns out I do.Was I misrepresented and what is my recourse.
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**A: your post is confusing.
 
M

mgaal

Guest
What can I do

Florida

It was in his name before he died.The title was revised to state my name holding life estate the the 3 children as minors.If I was going to be able to do anything with the property" holding life estate" should have been left off.that being on title requires me to have a guardianship.
 
D

Dandy Don

Senior Member
Go ahead and get the guardianship and chalk it up to the ignorance of the attorney and move on. You have nothing in writing to prove what he told you and if it goes to court it would only be his word against yours and he would obviously deny that he told you that, and you have not been financially damaged.
 
M

mgaal

Guest
Dandy Don said:
Go ahead and get the guardianship and chalk it up to the ignorance of the attorney and move on. You have nothing in writing to prove what he told you and if it goes to court it would only be his word against yours and he would obviously deny that he told you that, and you have not been financially damaged.
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What if I already am financially damaged.The lawyer was well aware of the situation my husband left me in and that my only option to get out of it at this time was refinancing the house.When the summary order was handed to me I was told that it was all I needed to refinance.Now I.m facing forclosure.All because the 3 words 'holding life estate" are next to my name on title.Being written that way with minors on title requires guardianship in florida.
 
D

Dandy Don

Senior Member
You have nothing IN WRITING or no other third party that could back you up about what he actually told you, and you would have difficulty winning in court.
 
M

mgaal

Guest
Dandy Don said:
You have nothing IN WRITING or no other third party that could back you up about what he actually told you, and you would have difficulty winning in court.
Click to expand...

I had my friend with me in the conference room when the order was handed to me and she heard them tell me it was all i needed to refinance my home.
 
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