Contest ownership of real estate without will

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 3 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Related Links

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption