Florida  |  Wills and Trusts

Legal Question

Asked on: 6/17/11, 5:50 pm

My grandmother died leaving no will I live in the family home and have been paying the mortage, My uncle now informs me that he wants to move in the home and that he wants to put the house in his name also that he has a power of attorneyand the deed . I thought power of attonerys stopped after death and how can I stop him from doing this I have witnesses that my grandmother wanted me to have the home, and I have no other place to go thanks

2 Answers

Answered on: 6/17/11, 6:12 pm by Richard Kaplan

You're in a difficult place. You have no right to the house without your grandmother's Will saying something, unless your parent of the grandmother predeceased you. Then you would hold their position. If not then your parent may have a right equally with your Uncle.

Intestate laws (without Will) provides division equally among children of the decedent, and if the child predeceases the decedent, then the children's children get their parents' share.

A power of attorney expires upon death, and its use during life is not to be used on behalf of the agent (self dealing) named in there (your uncle). If there is a deed giving him ownershp, that improves his case, unless you challenge the deed (very difficult, though if he signed the deed for your grandmother then maybe).

Your payment of the rent could be something, but more likely it could be deemed rent paid to your grandmother. Can't tell.

You really need an attorney to review all the papers and see if you have any rights. It is too difficult to advise at this point. Hope this helps.

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Answered on: 6/20/11, 7:54 am by Lucreita Becude

YOu are definitely in a dire situation. I agree with Mr. Kaplan, you really need to seek an attorney to help you in this matter. Your parent is an heir to the property and perhaps they could help you by deeding their portion to you under a quit claim deed. Your uncle would then have to file an action in court to partition the property which of course they can't divide the house and therefore the judge would suggest selling it or buying him out according to whatever his share of the house is.

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Lucreita D. Becude, P.A. 12469 Antler Hill Drive, N Jacksonville, FL 32224

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