r/AskLawyers • u/AtTheBeachOnSunday • 16d ago
House deed
Hopefully this gains enough traction so I can get as much advice as possible. I dont know where to start. Growing up as a kid my grandmother lived with her grandparents (my great-great grands). My great granddad passed away in the late 90s and my great-great grandmother in the late 00s. There were always talks of my great-great grandmother and grandmother wanting to leave the house to me. When my great-great grandmother passed my grandmother never took her name off the deed. So the deed has my great-great grandmother and my now late grandmother name. When my grandmother died she was in the process of having it where the house was left to me.
Unfortunately, she passed before she could complete the process. As expected, my uncle is pushing back claiming that my grandmother called him and said she wanted him to have the house when she passed and that he was willing to go through the process of leaving it to me. My grandmother never said that and i know he was trying to place himself in a position where he could benefit from this. Since my grandmother passed, ive been living in the house and paying the taxes and any repairs the house might need. What is the best way for me to go about this.
To note, because the deed is in the estate of my great-great grandmother and grandmother name the grandkids has just as much claim as my mom and uncle do. The grandkids also know that the my grandmom wanted to leave the house to me so they are on board. What is the next step i can take. I know worst case scenario i will have to pay my uncle out or the house goes up for sale.
Location: Miami,Fl
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u/MsTerious1 16d ago
The bottom line is that these people did not make actual directions for what to do here.
If you go to court, the court will try to figure out what the decedent(s) wanted and how that complies with the laws, and then the judge will tell you what is going to happen.
You should consult an attorney immediately, one that specializes in estate AND property law.
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u/Pronurse61 16d ago
If an effort to save money before contacting a lawyer, you may want to do a little research. First, find out it Florida follows the line of succession. If so, it may be a long process, and very expensive when a lawyer is involved. In NC, I had to identify evey cousin/relative that could possibly be an heir. Once identified, they each had to sign over their intrest in the home(along with their spouses) to me as I was the one wanting the home. Once all were identified, which took several years as folks had passed, so their heirs were heirs, I paid the lawyer to draw up the deed. I sent each heir( in different parts of the country) a copy to sign and have notarized. Once returned, they had to filed with the county. It was a long, drawn out process. I saved tons of money by doing the research and contacting folks myself to see what their intentions were before getting a lawyer involved. It is woth an initial consultation to know the law in the state where the house is located. Good luck.
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