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Florida Squatter Rights?

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xueluo

Guest
What is the name of your state? Florida
My grandmother passed and stated in her will that her property was to go to me and my sisters with joint ownership. However my great aunt,the executor of the estate, is contesting this and claiming that the property should go to my father as he has been living in the house for 3 years now. My sisters and I don't want the house to go to our father as he is financially unstable and will not keep up the property or keep on top of paying the property taxes. Who is more likely to get ownership here, us or our deadbeat father??

Thanks!
Cheryl
 


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hexeliebe

Guest
What in the world does this have to do with squatter's rights, which is a false concept in law.

Tell your aunt to pull her head out of her ass. Unless granny was incompetent (and aunty can PROVE IT!) at the time of the signing of her will, then there's not a damn thing auntie can do except process the estate according to the will.
 
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xueluo

Guest
Yeah tried that (telling her to get her head out of her ass!), but to no avail! She's the one who told me about the squatter rights thing and me being admittedly ignorant of laws involving estates and wills just took her word for it! I also got papers in the mail the other day from her lawyer basically stating that she feels the property should rightfully go to my father since he has established a residence there. What I'm supposed to do with that I don't know. So I'm confused now on what rights she has Executor of the Estate to change the will???
 
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hexeliebe

Guest
So I'm confused now on what rights she has Executor of the Estate to change the will???
None at all. Her job is to ADMINISTER the estate.

It's time to hire a probate attorney and file to have her removed as executor.
 

JETX

Senior Member
"She's the one who told me about the squatter rights thing and me being admittedly ignorant of laws involving estates and wills just took her word for it!"
*** As so eloquently noted by Hex, there ain't no such thing as 'squatters rights'. What she is trying to say is called 'Adverse Possession' and he is nowhere near being able to claim that.
In Florida you have 2 types of adverse possession (by color of title and without color of title), with both the statutory period is 7 years. Adverse possession by 'color of title' is set forth in section 95.16, while the 'without color of title' appears in section 95.18, Florida Statutes. His being there for 3 years does NOT qualify.

"I also got papers in the mail the other day from her lawyer basically stating that she feels the property should rightfully go to my father since he has established a residence there. What I'm supposed to do with that I don't know."
*** You call up her 'attorney' and ask him what Caribbean island he went to law school at. Then, you are very likely going to have to file a motion to remove this incompetent (and her attorney) from being the 'personal representative' to the estate. This is not a simple matter and will very likely require the services of a qualified FL probate attorney.

"So I'm confused now on what rights she has Executor of the Estate to change the will???"
*** Very simple. If the will is valid, she has NO rights to change it.
 
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hexeliebe

Guest
I am eloquent at times ain't I ?:D

Now, where the hell did I put that shine :confused:
 
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hexeliebe

Guest
Moon-Shine, Shine on Harvest Moon, Don't shine me man, Dime a Shine, Shine your everlasting light on me :D
 

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