My Grandmother died in Dallas, Tx, 12/01/1979. There was not a court administration on either the estate of Washington Phillips (my grandfather) or Elector Steen Phillips. There was an 80 acre estate left open. Each sibling was to receive 1/5 portion of the land. A land developer claims to have acquired 4/5 of the land from four siblings, one being my father, in 1996. My father was declared incompetent by the State of Florida in 1959. I had proof that i sent to the developer. There has been no attempt to return the land to my father. Since my father's death in 2007 I feel I have the rights to the land. Do I have the right to claim the land, and what steps can I take?
Estate Planning Attorney
Yes, you do need a good Real Estate attorney there in TX. I don't know what the law is in TX about statute of limitations, but you need to be careful to not let the matter lie too long, or you will lose your ability to recover the property. A deed conveyed by a person deemed mentally incapacitated is a void deed. Seek an attorney's advice and assistance right away.
Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact an attorney for legal advice concerning your matter.
2 lawyers agree
I agree that you need to quickly seek the advice of an attorney licensed in Texas if you want to preserve any claim that you may have. Each state has a different time period within which you may file a lawsuit for certain causes of action. The biggest and most immediate hurdle that your facts present is the amount of time that has lapsed since the transfer to the land developer took place. A local attorney can figure out if there is a potential claim and whether or not that claim is barred due to the amount of time that has passed.
Landlord / Tenant Lawyer
If the 80 acre property is in Florida, you need to consult a Florida real estate attorney as soon as possible.
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