Legal Question in Wills and Trusts in Florida
My Rights
Step-father purchased property for me said he would leave it to me when he passes on. I also put money down on property. He passed away had a will and trust. Left property to me in separate writing to will/ trust. Told trustee that it is his first order of business to transfer property into my name. Problem is he did not have two witness sign paper with him made by attorney.
Now trustee is saying they are going to sell property and put into trust. Legal guardian of beneficiary of trust has no problem signing off and has sent paper to trustee notarized stating this. What can I do to stop them from selling the land and how do I get them to put it in my name like my father wanted them to. I had a verbal agreement with my stepfather and made the deposit on said property and have paid the property tax which he and I agreed on. What can I do now....
2 Answers from Attorneys
Re: My Rights
Wills and testamentary trusts must be signed and witnessed by two people in Florida.
From what you say, it does not seem as though you titled the property in both your names while your stepfather was alive and you were not the named beneficiary of the property in the will or the trust. So, it does not seem as though you have a right to it even with the money paid and the oral promise. Depending on the exact facts, the money may be considered a gift, a loan, or something else. You should consider consulting an attorney to look at your documents and sift through the facts. You may still have some legal remedies. Good luck.
Re: My Rights
At best you have an equitable lien on the property to the extent of your deposit and taxes. The written will applies, not any oral statements.
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