Contest ownership of real estate without will

UPDATED: Oct 1, 2022

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Contest ownership of real estate without will

My father passed away in May ,he had put his home in my oldest brother name
so could qualify for Medicaid 5-6 years ago.Was my dad,s wish to divide
life insurance money home equally between 5 sib,s .My oldest brother
plans keep home for himself,no will was ever made out. Do we have any legal
re- course?

Asked on November 13, 2017 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for our loss and for the situation.  If there is no Will then your Father's estate passes via the intestacy statute.  But that only goes for assets in his name at the time of his death.  From the outside looking in it looks like he gave your older brother the property and he had every right to do that under the law.  To contest it and set the transfer aside would be difficult and admitting to fraud.  If your oldest brother will not abide by your Father's wishes it sounds like the house will remain his. 

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