My question involves real estate located in the State of: Florida
Hello,
My grandmother filed an enhanced life estate deed, or lady bird deed, granting 25% shares to myself and my aunt and two uncles. My aunt died - she has two daughters. I know that ordinarily they would then receive 12.5 percent each, but my grandmother decided to write a will splitting the estate between me and my two uncles.
I am no lawyer, which is why I am asking... from what I can gather, the will can supersede the deed since she retained control of the property, but we have to go through probate. Does that sound correct? (I tried contacting the lawyer who wrote up the quitclaims but have been unsuccessful at reaching him.). I don’t live locally, so it is hard for me to get information or things processed. My uncle seems to think we can just sell the house and just use the will and not go through probate, but then I feel like there will be an issue with the title company, wouldn’t there?
Thank you!
Hello,
My grandmother filed an enhanced life estate deed, or lady bird deed, granting 25% shares to myself and my aunt and two uncles. My aunt died - she has two daughters. I know that ordinarily they would then receive 12.5 percent each, but my grandmother decided to write a will splitting the estate between me and my two uncles.
I am no lawyer, which is why I am asking... from what I can gather, the will can supersede the deed since she retained control of the property, but we have to go through probate. Does that sound correct? (I tried contacting the lawyer who wrote up the quitclaims but have been unsuccessful at reaching him.). I don’t live locally, so it is hard for me to get information or things processed. My uncle seems to think we can just sell the house and just use the will and not go through probate, but then I feel like there will be an issue with the title company, wouldn’t there?
Thank you!
Deeds - Quitclaim: Quitclaim Versus Will
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