Did Step Father Steal Property?

[LORDISROSE]

What is the name of your state? FLORIDA
My mother died 1/2005. she had an agreement for deed with a land corporation in her name only on the property she and her husband lived on, however not recorded and not deeded at time of death. In the inventory it stated the land as exempt property. My brother and I have not heard anything from probate in a long time so I looked up public records and found a new agreement for deed in stepfathers name only and a warranty deed as well. if he is to have a life estate shouldnt my brother and i be on these records as well??The probate atty told me everything was done legally due to a consent of creditors. Im not so sure thats correct.

 

[seniorjudge]

What is the name of your state? FLORIDA
My mother died 1/2005. she had an agreement for deed with a land corporation in her name only on the property she and her husband lived on, however not recorded and not deeded at time of death. In the inventory it stated the land as exempt property. My brother and I have not heard anything from probate in a long time so I looked up public records and found a new agreement for deed in stepfathers name only and a warranty deed as well. if he is to have a life estate shouldnt my brother and i be on these records as well??The probate atty told me everything was done legally due to a consent of creditors. Im not so sure thats correct.

Since you didn't bother checking on this for a year and half, I'd say you let your rights die on the vine.

 

[LORDISROSE]

What I Meant Was

I HADNT HEARD ANYTHING SINCE THE INVENTORY WHICH WAS 3/2006 NOT A YEAR AND A HALF. NO ONE WAS AWARE OF THESE TRANSACTIONS TAKING PLACE. WE SIGNED EVERYTHING MY BROTHERS ATTY SAID WAS OK TO SIGN. SINCE NOT HEARING ANYTHING FOR 4 MONTHS, I LOOKED IN TO PUBLIC RECORDS AND FOUND THE DOCUMENTS. CALLED PROBATE ATTY AND BROTHERS ATTY (WHO ALSO WAS NOT AWARE) PROBATE ATTY GIVES ME A RUN AROOUND.

 

[Zigner]

I HADNT HEARD ANYTHING SINCE THE INVENTORY WHICH WAS 3/2006 NOT A YEAR AND A HALF. NO ONE WAS AWARE OF THESE TRANSACTIONS TAKING PLACE. WE SIGNED EVERYTHING MY BROTHERS ATTY SAID WAS OK TO SIGN. SINCE NOT HEARING ANYTHING FOR 4 MONTHS, I LOOKED IN TO PUBLIC RECORDS AND FOUND THE DOCUMENTS. CALLED PROBATE ATTY AND BROTHERS ATTY (WHO ALSO WAS NOT AWARE) PROBATE ATTY GIVES ME A RUN AROOUND.

Why are you yelling at us?

 

[Dandy Don]

(Please type any future responses in regular type of capitals on the first letter of a sentence only, and the rest in lower case. Using all-caps is a visual violation.)

You need a second opinion from another probate attorney. If this estate is being currently probated now, the current attorney may be biased in favor of the stepfather and may not want to give you a valid and truly correct answer. The probate attorney you consult should also have access to consult with a real estate attorney to make sure a definitive answer is given.

Or, you could post your question on www.lawguru.com

What is the value of this property and what is the total value of the estate? Is there a will being probated in probate court? Are you named as a beneficiary to receive anything in the will from this estate?

DANDY DON IN OKLAHOMA ([email protected])

 

[LORDISROSE]

Very sorry

Very sorry for caps, am @ work requires caps>>>anyway i have brothers atty consulting a real estate atty. just wanted to try and get answers sooner! this is driving my mind crazy. value of whole estate $127,000 so far. i have found the inventory is missing some things such as her car and bank account information. all this stuff was always in her name only.

 

[Dandy Don]

So did she leave a will or not? If there is no will, the spouse is entitled to a certain portion of the estate. What is the value of the estate NOT including the property/life estate?

 

[LORDISROSE]

no will

No will.
The inventory I have says:

Real Estate in Florida--Exempt homestead $27,800.00
includes the property in dixie county Im speaking of and mobile home on property.
Real estate in florida--non exempt homestead:
house in hillsborough county which is in contract with my aunt and uncle to purchase for whats owed on mortgage which is around $55,000 (estamated value per cty prop appraiser is( $99,286.00) and thats it.

I know its not a huge estate. My brother and I are not out to gain any monies we just want to make sure this property stays in our family. My mother was always under the impression as long as she kept everything in her name only then her husband would get a life estate to the property, which was always fine with us. He was a good guy until We got a letter from him the probate atty knew nothing about. It basically stated If you give me ownership of the property, I will give you your mothers personal belongings, the car , and the house in hillsborough county. If not we would get nothing. If you will notice the car was not on the inventory only property and house. My mother was one of those who still considered her self 51 yrs young so hadn't really considered a will.

 

[Dandy Don]

He had no right to make those demands, and if probate was done correctly, he should not be getting away with that if that is in fact what happened, thus the need for another probate attorney to look at what has already been done to see if it is legal and correct or not. And you still have not answered the most important question--DID SHE LEAVE A LAST WILL AND TESTAMENT THAT IS BEING PROBATED OR NOT?

DANDY DON IN OKLAHOMA ([email protected])

 

[LORDISROSE]

I Did Answer

In my previous reply, I did say (no will). She was the type of person who thought as long as everything remained in her name only, Florida Probate laws would allow her husband a life estate, then it would come to my brother and I. We just cant figure out if some how along the way, someone screwed up on the property.

 

[pojo2]

First thing you are way off on the value of the inventory, so to speak.


99300 for the contract house minus 55,000 still owed on the property is only around 44,000 in equity.

Then if you are depending on the property appraisers estimate you might be valuing that property on the high side at 99,300!

Is anything owed on the 27800 property? How old is the trailer it might be a negative figure just for you to all get it removed from the property if it needed to be sold.

At best with what I can figure from your post you are looking at an estate worth about 1/2 of what you think it is worth.

If nothing was ever done with the land contract/rent to own/or contract for deed then it is quite possible that your mother was actually nothing more than a renter on that property and the owners did indeed have the right to sell the property to someone else. HOWEVER, since we can not see those documents and know what was LEGALLY done with them we have no way of knowing where that ends. I suspect there is nothing in that transaction for you since it was never consumated in a legally binding manner.

 

[BlondiePB]

From FL Statutes

732.101 Intestate estate.--

(1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in the following sections of this code.

(2) The decedent's death is the event that vests the heirs' right to the decedent's intestate property.

History.--s. 1, ch. 74-106; s. 8, ch. 75-220; s. 14, ch. 2001-226.

Note.--Created from former s. 731.23.

732.102 Spouse's share of intestate estate.--The intestate share of the surviving spouse is:

(1) If there is no surviving lineal descendant of the decedent, the entire intestate estate.

(2) If there are surviving lineal descendants of the decedent, all of whom are also lineal descendants of the surviving spouse, the first $60,000 of the intestate estate, plus one-half of the balance of the intestate estate. Property allocated to the surviving spouse to satisfy the $60,000 shall be valued at the fair market value on the date of distribution.

(3) If there are surviving lineal descendants, one or more of whom are not lineal descendants of the surviving spouse, one-half of the intestate estate.

History.--s. 1, ch. 74-106; s. 8, ch. 75-220; s. 15, ch. 2001-226.

Note.--Created from former s. 731.23.

732.103 Share of other heirs.--The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:

(1) To the lineal descendants of the decedent.

(2) If there is no lineal descendant, to the decedent's father and mother equally, or to the survivor of them.

(3) If there is none of the foregoing, to the decedent's brothers and sisters and the descendants of deceased brothers and sisters.

(4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent's paternal, and the other half to the decedent's maternal, kindred in the following order:

(a) To the grandfather and grandmother equally, or to the survivor of them.

(b) If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent.

(c) If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above.

(5) If there is no kindred of either part, the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate.

(6) If none of the foregoing, and if any of the descendants of the decedent's great-grandparents were Holocaust victims as defined in 1s. 626.9543(3)(b), including such victims in countries cooperating with the discriminatory policies of **** Germany, then to the lineal descendants of the great-grandparents. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. This subsection only applies to escheated property and shall cease to be effective for proceedings filed after December 31, 2004.

History.--s. 1, ch. 74-106; s. 8, ch. 75-220; s. 1, ch. 77-174; s. 16, ch. 2001-226; s. 145, ch. 2004-390.

1Note.--Redesignated as s. 626.9543(3)(a) by s. 76, ch. 2004-390.

Note.--Created from former s. 731.23.

732.104 Inheritance per stirpes.--Descent shall be per stirpes, whether to lineal descendants or to collateral heirs.

History.--s. 1, ch. 74-106; s. 9, ch. 75-220.

Note.--Created from former s. 731.25.

732.105 Half blood.--When property descends to the collateral kindred of the intestate and part of the collateral kindred are of the whole blood to the intestate and the other part of the half blood, those of the half blood shall inherit only half as much as those of the whole blood; but if all are of the half blood they shall have whole parts.

History.--s. 1, ch. 74-106; s. 10, ch. 75-220.

Note.--Created from former s. 731.24.

732.106 Afterborn heirs.--Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property as if they had been born in the decedent's lifetime.

History.--s. 1, ch. 74-106; s. 10, ch. 75-220; s. 6, ch. 77-87; s. 952, ch. 97-102.

Note.--Created from former s. 731.11.

 

[BlondiePB]

Exempt Property And Allowances - Fl

732.401 Descent of homestead.

732.4015 Devise of homestead.

732.402 Exempt property.

732.403 Family allowance.

732.401 Descent of homestead.--

(1) If not devised as permitted by law and the Florida Constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and lineal descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the lineal descendants in being at the time of the decedent's death per stirpes.

(2) Subsection (1) shall not apply to property that the decedent and the surviving spouse owned as tenants by the entirety.

History.--s. 1, ch. 74-106; s. 17, ch. 75-220; s. 37, ch. 2001-226.

Note.--Created from former s. 731.27.

732.4015 Devise of homestead.--

(1) As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or minor child, except that the homestead may be devised to the owner's spouse if there is no minor child.

(2) For the purposes of subsection (1), the term:

(a) "Owner" includes the grantor of a trust described in s. 733.707(3) that is evidenced by a written instrument which is in existence at the time of the grantor's death as if the interest held in trust was owned by the grantor.

(b) "Devise" includes a disposition by trust of that portion of the trust estate which, if titled in the name of the grantor of the trust, would be the grantor's homestead.

History.--s. 1, ch. 74-106; ss. 18, 30, ch. 75-220; s. 16, ch. 92-200; s. 959, ch. 97-102; s. 38, ch. 2001-226.

1732.402 Exempt property.--

(1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated "exempt property."

(2) Exempt property shall consist of:

(a) Household furniture, furnishings, and appliances in the decedent's usual place of abode up to a net value of $10,000 as of the date of death.

(b) All automobiles held in the decedent's name and regularly used by the decedent or members of the decedent's immediate family as their personal automobiles.

(c) Florida Prepaid College Program contracts purchased and Florida College Savings agreements established under part IV of chapter 1009.

(d) All benefits paid pursuant to s. 112.1915.

(3) Exempt property shall be exempt from all claims against the estate except perfected security interests thereon.

(4) Exempt property shall be in addition to protected homestead, statutory entitlements, and property passing under the decedent's will or by intestate succession.

(5) Property specifically or demonstratively devised by the decedent's will to any devisee shall not be included in exempt property. However, persons to whom property has been specifically or demonstratively devised and who would otherwise be entitled to it as exempt property under this section may have the court determine the property to be exempt from claims, except for perfected security interests thereon, after complying with the provisions of subsection (6).

(6) Persons entitled to exempt property shall be deemed to have waived their rights under this section unless a petition for determination of exempt property is filed by or on behalf of the persons entitled to the exempt property within 4 months after the date of service of the notice of administration or within 40 days from the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the estate subject to this section.

(7) Property determined as exempt under this section shall be excluded from the value of the estate before residuary, intestate, or pretermitted or elective shares are determined.

History.--s. 1, ch. 74-106; s. 19, ch. 75-220; s. 10, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 81-238; s. 3, ch. 85-79; s. 67, ch. 87-226; s. 51, ch. 98-421; s. 3, ch. 99-220; s. 3, ch. 2001-180; s. 39, ch. 2001-226; s. 1036, ch. 2002-387.

1Note.--Section 8, ch. 85-79, provides in pertinent part that with respect to s. 3, ch. 85-79, "the substantive rights of all persons which have vested prior to October 1, 1985, shall be determined as provided in s. 732.402, Florida Statutes, 1983."

Note.--Created from former s. 734.08.

732.403 Family allowance.--In addition to protected homestead and statutory entitlements, if the decedent was domiciled in Florida at the time of death, the surviving spouse and the decedent's lineal heirs the decedent was supporting or was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during administration. The court may order this allowance to be paid as a lump sum or in periodic installments. The allowance shall not exceed a total of $18,000. It shall be paid to the surviving spouse, if living, for the use of the spouse and dependent lineal heirs. If the surviving spouse is not living, it shall be paid to the lineal heirs or to the persons having their care and custody. If any lineal heir is not living with the surviving spouse, the allowance may be made partly to the lineal heir or guardian or other person having the heir's care and custody and partly to the surviving spouse, as the needs of the dependent heir and the surviving spouse appear. The family allowance is not chargeable against any benefit or share otherwise passing to the surviving spouse or to the dependent lineal heirs, unless the will otherwise provides. The death of any person entitled to a family allowance terminates the right to that part of the allowance not paid. For purposes of this section, the term "lineal heir" or "lineal heirs" means lineal ascendants and lineal descendants of the decedent.

See Estates & Trusts in FL probate statutes here.