Legal Question in Real Estate Law in Florida

If my mom and aunt currently own a house and for some reason after their death I am not mentioned in a will or left any portions or percentage of ownership to the house (example: it was left completely to my cousin instead), upon hiring an attorney, would I have cause of action to fight for part ownership. We (me and my cousin(s)) all lived in and grew up in that house. Thank you.


Asked on 8/04/14, 4:26 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

It depends on how it was left to your cousin.

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Answered on 8/04/14, 5:06 pm
William Gwaltney William W. Gwaltney, Attorneys at Law

It also depends on how the property is deeded If your mom has an interest that survives her death and dies without a will then you may have a claim. However, if your mom's will devises the property to your cousin, then you may have a difficult time. You should talk to your mom and ask her if she has any intention of leaving you her part of the property. It's a hard discussion, but you should probably have it with her.

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Answered on 8/05/14, 5:41 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need to know how Mom and your aunt had the house titled. As tenants by survivorship or tenants in common. If tenants in common on the death of the first the property owned by the decedent transfer to their Estate and passes by their will. If tenants by survivorship than it passes to the survivor and then to the survivor's Estate upon death. Transfer than would be by will. In order to have an interest in the property you would need to be in both Wills or you could be left out without any recourse.

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Answered on 8/05/14, 7:14 am


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