What to do if my late brother made a quick claim deed out to himself and I but had a Will and Trust drown up and neither say anything about the deeded property?

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What to do if my late brother made a quick claim deed out to himself and I but had a Will and Trust drown up and neither say anything about the deeded property?

My brother died 2 years after making the quick claim. He has a son but in the Will and Trust it says nothing about the property, so is the property left to me or is half mine and half his son?

Asked on April 20, 2013 under Estate Planning, Florida

Answers:

Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

It would appear the property is one half to you and one half to his son, even though not mentioned in the trust or will, as the son survives to his father's interest in the property; however, the attorney for the son can bring a petition in probate court to have the son's half included in the trust on the basis the father forgot to include the asset in the trust.


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