Do you think I have a claim? My father has Alzheimer and his wife is deceased. There's a property in Florida that they shared. My half sister claims that her mother which is my step mother sold the property to her. My step mother claims that she wasn't married on the deed, while they were still married even up to this day. I have proof of the marriage certificate. Do I have a claim?
PS. After the house was sold she broke everything down saying that there was nothing left for my dad to receive, because everything was spent in expensives.
If they were married and he was left off of the deed it is probably an ineffective deed to your half-sister. Both husband and wife must sign a deed over of it is homestead property in Florida. You will need a lawyer now to sort out this mess.
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I agree with my colleagues.
I have a friend you was an assistant dean and probate professor at SMU who said that you never know a person until you share an inheritance with them..
As indicated, homestead property in Florida (not necessarily other states) descends outside probate. If both the husband and wife are married to each other, then a deed from one of them is usually found to be ineffective to pass title.
This is by no means a do it yourselves project. You need to find a good probate lawyer to sort this out.
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You should consult with a good local real estate attorney - this is NOT the sort of matter for which you can search for answers "on-line," sorry. The lawyer will examine the chain of title to the property, investigate the facts as you have posted them, and communicate with your step sister and and step mother, and help you determine the best course of action, and whether you do in fact have a claim.
Hope this helps
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