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Been Shafted!

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Curious14knowin

Junior Member
What is the name of your state (only U.S. law)? FL

No matter what my rights are according to law, I have been shafted! Here's my situation..... (Sorry it's so detailed, I want an accurate evaluation!) My Grandfather was given a piece of property, in a central Florida county, by his father. He was in sole possession of it after his divorce from my grandmother, so I'm assuming he received it after the divorce, either that, or he won it in the divorce! A few years later he married another woman. My Grandfather always intended to make a will leaving my father (his son) the property. Well, my grandfather had a sudden heart attack and died, without making the will, in 1962! His second wife, who had nothing to do with procuring the property in the first place, was allowed to live on the property until her death, of course (her right according to law). She told my father that if he wouldn't fight her, she would leave the property to him. My father was afraid of her (she was alledgedly a pistol packin' momma) so he did as she said. He did, however, post a letter, on record at the property's county court house, stating that he was the living heir (we lived in a different state).
So time went on, and in 1979 my father died suddenly. Then in 1983 this woman died! I don't remember when my sister (my only sibling) and I found out about her death, but it was within a few years after she died, maybe sometime between 1984 and 1987. By the time we found out about it we discovered that the property had been sold by her before her death, she was allowed by the new owners to stay on the property until her death, and the inheritance was split up between this woman's family (even relatives she had never met received fifty dollars each). Ethically speaking, it is obvious that my sister and I have been shafted!
Here is my question.... at the time (1987 ?) did my sister and I have a case to go after the title company for not doing a proper search for heirs (we thought about it but didn't have the money for legal fees, and assumed, at that time, that she had the right according to law to give it to whomever she wanted)(we didn't know about the now present law that she had the right to live there until her death, but then it goes to the heirs)?! AND if we did have that right at that time, do we have the right to do it now 27 years later, or is there a statute of limitations?
It is my hope that only people with legal experience will answer this question for me. This has plagued my sister and I for years, because we both know that our grandfather would have wanted us to have the property, and my sister won't let go of this. I want to get an answer, hopefully without spending more money on an attorney fee (even fifty dollars would be frustrating after we have already lost the inheritance)! This was prime property that had water front on both sides of the property (like a peninsula), and sold for $175,000 in 1983!
I hope this is not too confusing. I tried to include every detail that I could think of so I could get a proper evaluation. I hope someone out there can help me. I am truly a sincere....
Curious14knowin
Thanks!
 
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justalayman

Senior Member
realistically you need an attorney to review what happened at each step of the process through the series of deaths. The first step would be to figure out what happened when your grandfathers estate was probated. Per current Florida law, the wife would be entitled to 50% of the estate. Depending what the estate was worth, the entire interest in the property could have been conveyed to the wife. You also need to investigate the possibility that grandfather changed how title was held after he remarried. That would make a huge difference at the time of his death regarding the disposition of his estate and this property in particular.

So, at the time of grandfathers death, you would need to determine who was the actual owner of the property and who and how it passed to anybody. If his wife ended up with the actual title, 100%, then everything regarding you stops there and ownership is hers to do with as she pleases.

If some or all of the ownership passed to your father, then what happened shouldn't have happened. When your father passed, his heirs should have taken title to his share of the property. So, if title was passed to your father, you would look to probate of his estate to determine what happened.

at this point, you just have too many unknowns to be able to figure out if you were due anything at some point.
 

cyjeff

Senior Member
I will say that the time to pursue this was the moment you found out about it... 23 or so years later... this isn't even a very good intellectual exercise because the laws have changed dramatically in the last quarter decade or so.

You are asking the volunteers of a free internet board to research 25 year old property and probate law.

That is unreasonable.
 

nextwife

Senior Member
Exactly. The time to look out for any potential interest the family MAY have still had at his death was THEN.
 

Curious14knowin

Junior Member
Thank You.

Thank you very much for your input! You pretty much confirmed my suspicious thoughts on the matter that it was too late. My sister keeps pushing me on it, though. I'll probably have to talk to a lawyer.
Your responses did remind me of a small detail I forgot to include, however. The second wife did continue to pay the taxes in the name of my grandfather as her first initial was the same as his. The property was never in her name! I still think it is too late, now, to do anything about it, though!
Thanks again!
 

justalayman

Senior Member
Thank you very much for your input! You pretty much confirmed my suspicious thoughts on the matter that it was too late. My sister keeps pushing me on it, though. I'll probably have to talk to a lawyer.
Your responses did remind me of a small detail I forgot to include, however. The second wife did continue to pay the taxes in the name of my grandfather as her first initial was the same as his. The property was never in her name! I still think it is too late, now, to do anything about it, though!
Thanks again!
If your new information is correct, then no, it isn't too late. If she never owned the property, then she could not sell the property or give it to anybody.

Given the amount of confusion you have, you really need to speak with a lawyer that can actually review everything involved and give you an opinion.
 

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