What is the statute of limitations on probate?

[tgreen1]

What is the name of your state (only U.S. law)? Florida

My husband of 12 years passed from Lou Gehrig's disease (ALS). He gave me durable power of attorney months before he passed. He was able to move and sign his name at the time. The document was notarized.

The 1 acre property was in his name only, he wanted me to have it when he passed as we discussed when he got sick. I took care of him 24/7 so it was hard for me to get to the court house to file the paperwork. I used the durable power of attorney to sign his name to the quit claim deed as he could only put his thumb up and not sign the paper at the time.

I put my property up for sale and 2 days later, one of his Daughters filed probate, stating I used the durable power of attorney for my own selfish benefit.

She filed 26 months after he passed and the property was put in my name.

What is the statute of limitations in Florida?

She didn't want the property until I tried to sell it.

Thank you so much!

 

[latigo]

What is the name of your state (only U.S. law)? Florida

My husband of 12 years passed from Lou Gehrig's disease (ALS). He gave me durable power of attorney months before he passed. He was able to move and sign his name at the time. The document was notarized.

The 1 acre property was in his name only, he wanted me to have it when he passed as we discussed when he got sick. I took care of him 24/7 so it was hard for me to get to the court house to file the paperwork. I used the durable power of attorney to sign his name to the quit claim deed as he could only put his thumb up and not sign the paper at the time.

I put my property up for sale and 2 days later, one of his Daughters filed probate, stating I used the durable power of attorney for my own selfish benefit.

She filed 26 months after he passed and the property was put in my name.

What is the statute of limitations in Florida?

She didn't want the property until I tried to sell it.

Thank you so much!

My, my such insight for the daughter to deduce that you did the quitclaim for your "own selfish benefit". I suppose she considers her efforts to have the property declared part of the estate, a portion of which she stands to inherit, as being unselfishly altruistic.

Anyway stand your grounds on the legality of the quitclaim deed. They appear to be solid - durable POA and transfer of title prior to death.

But to do that you are going to need the help of a lawyer. Most likely the daughter intends to or has filed an inventory of her father's estate to include your property as an asset of the estate. Somewhere in this process the issue of ownership needs to be litigated.

Your attorney will advise the best course of action to take. Just don't try to fight her yourself. You would be totally at sea. Really!

Incidentally, don't fuss being concerned about "statute of limitations". It is a non-issue here.

Good luck

 

[tgreen1]

My, my such insight for the daughter to deduce that you did the quitclaim for your "own selfish benefit". I suppose she considers her efforts to have the property declared part of the estate, a portion of which she stands to inherit, as being unselfishly altruistic.

Anyway stand your grounds on the legality of the quitclaim deed. They appear to be solid - durable POA and transfer of title prior to death.

But to do that you are going to need the help of a lawyer. Most likely the daughter intends to or has filed an inventory of her father's estate to include your property as an asset of the estate. Somewhere in this process the issue of ownership needs to be litigated.

Your attorney will advise the best course of action to take. Just don't try to fight her yourself. You would be totally at sea. Really!

Incidentally, don't fuss being concerned about "statute of limitations". It is a non-issue here.

Good luck

Thank you SO MUCH for your reply! What if I got remarried, would it be his estate until he passed? Thank you again!
Tammy

 

[anteater]

Thank you SO MUCH for your reply! What if I got remarried, would it be his estate until he passed? Thank you again!
Tammy

Who are you referring to when you use "his" and "he?"