Unusual Situation - Estate/Probate

[Kp87]

Florida. Mother recently passed away. Since she survived my dad (passed in 2014) and there was no valid will and the property is in her name, the state would divvy it up between myself and my sisters.

Here’s where things get unusual...

A few years ago, my mom made some kind of arrangement/agreement with some neighbors to move into the property since she didn’t live in it and wanted to get it out from her..I don’t know if any legally valid agreement was enforced via signed document, court submission, etc

HOWEVER...IF THE ESTATE IS STILL UNDER MY MOTHER’S NAME IN THE COUNTY DIRECTORY....WHAT ARE THE CIRCUMSTANCES/POSSIBILITIES IN WHICH THE PEOPLE LIVING THERE COULD MAINTAIN THE ESTATE OR THAT WE COULD GET IT? Or could a simple piece of paper or document signed by mother have been enough to seal the deal on it?

Thanks in advance to any responses!

 

[LdiJ]

Florida. Mother recently passed away. Since she survived my dad (passed in 2014) and there was no valid will and the property is in her name, the state would divvy it up between myself and my sisters.

Here’s where things get unusual...

A few years ago, my mom made some kind of arrangement/agreement with some neighbors to move into the property since she didn’t live in it and wanted to get it out from her..I don’t know if any legally valid agreement was enforced via signed document, court submission, etc

HOWEVER...IF THE ESTATE IS STILL UNDER MY MOTHER’S NAME IN THE COUNTY DIRECTORY....WHAT ARE THE CIRCUMSTANCES/POSSIBILITIES IN WHICH THE PEOPLE LIVING THERE COULD MAINTAIN THE ESTATE OR THAT WE COULD GET IT? Or could a simple piece of paper or document signed by mother have been enough to seal the deal on it?

Thanks in advance to any responses!

It is possible that they could have a signed document from your mother that they have neglected to record. It is also possible that they had an informal arrangement with your mother as well.

Your first step would be to look through your mother's paperwork to see if you can find anything about the house. If not, your second step would be to talk to the people living there.

 

[Kp87]

Thanks for the feedback!

 

[adjusterjack]

And your third step would be to hire a lawyer.

 

[Kp87]

Been consulted by one up to this point. Just curious as to if it’s worth it. Retainer fee is $2000. Sound about fair? Lol

 

[LdiJ]

Been consulted by one up to this point. Just curious as to if it’s worth it. Retainer fee is $2000. Sound about fair? Lol

It sounds in the ballpark of normal.

 

[Kp87]

Thanks!

 

[Taxing Matters]

Been consulted by one up to this point. Just curious as to if it’s worth it. Retainer fee is $2000. Sound about fair? Lol

The retainer is just a deposit against the fees for the work the attorney does. The actual fees you end up paying may end up more or less than the retainer. It all depends on the hourly rate of the attorney (if you hire him/her on an hourly fee basis) and how much work the lawyer has to do. If it's less than then $2,000, you'll get the difference back. If it's more than the $2,000 you'll need to periodically replenish the retainer and ultimately your fee is, of course, more than the $2,000. A retainer of $2,000 is not all that unusual. You are unlikely to find retainers much lower than that, I suspect. My base retainer in a non litigation matter is $4,000.

Just from the info you gave here it's impossible for me to say just how much the lawyer may have to do.

 

[Kp87]

Thanks so much for the feedback. The attorney seems fairly confident (along with my brother who stayed with my mom at the time) that they don’t have any written/valid agreement or else they’d have updated the property to their name. My brother is certain there was nothing written. Only verbal with no witnesses.

The attorney has basically said we have to sort that out, the probate process, deal with creditors/debts, and they want to try homestead exemption. Said process takes typically 6-8 months but this is fairly unique situation due to the people living in that house. Mentioned doing it where there’s a window of opportunity for anyone with legal means to claim ownership and if they don’t we file eviction then it can go to beneficiaries (my sisters and I).

I feel better with the feedback that $2000 is a fair retainer amount. Thanks again for the feedback!

 

[zddoodah]

Since she survived my dad (passed in 2014) and there was no valid will and the property is in her name, the state would divvy it up between myself and my sisters.

I think you're simply saying that, because she died without a will and had no surviving spouse (and, presumably, no predeceased children who had children of their own), her net estate should be divided between her children pursuant to Florida's law of intestate succession. If so, that's correct, although the likelihood that the state will be involved in the divvying is virtually nil.

A few years ago, my mom made some kind of arrangement/agreement with some neighbors to move into the property since she didn’t live in it and wanted to get it out from her.

What does "wanted to get it out from her" mean? Also, I assume the reference to "the property" is a reference to residential real property (i.e., a home of some sort). Correct?

HOWEVER...IF THE ESTATE IS STILL UNDER MY MOTHER’S NAME IN THE COUNTY DIRECTORY....WHAT ARE THE CIRCUMSTANCES/POSSIBILITIES IN WHICH THE PEOPLE LIVING THERE COULD MAINTAIN THE ESTATE OR THAT WE COULD GET IT?

First of all, what's up with the all caps? Second, I assume you're misusing the word "estate" in this sentence. Assuming the property is titled in your mother's name, the next thing you should seek to ascertain is whether the tenants have any sort of written lease. Your post doesn't indicate how long ago your mother died or whether you've been through her personal papers. That's the place to start, and then you or one of your siblings should seek appointment as the administrator of your mother's estate. Once you know the status of the title to the property and whether or not there's any sort of lease in place, then you can determine the next step.

Or could a simple piece of paper or document signed by mother have been enough to seal the deal on it?

This seems to be a request for speculation about a document that neither you nor we know if it exists. That's not particularly useful.

Been consulted by one up to this point. Just curious as to if it’s worth it. Retainer fee is $2000. Sound about fair?

Probate lawyers typically get paid a percentage of the estate. The retainer you mentioned may simply be for anticipated expenses. Either way, it's certainly not an unreasonable amount, but you should be clear about what the lawyer will be doing and whether he/she will be charging by the hour or getting paid a percentage of the estate (and, if the former, what the hourly rate is and what the estimate of total fees will be).

My brother is certain there was nothing written.

In the first sentence of your original post, you wrote that "the state would divvy [the estate] up between myself and my sisters," but now you're mentioning, for the first time, a brother. Is there a reason why you think your brother might not get a share of the estate? Or did you intend to write "siblings" rather than "sisters"?

 

[Kp87]

The all caps was to refer to the main point of my post.

The property/estate is a home on about 2 acres of land.

The attorney has a $2000 retainer and $250/hr rate.

My brother isn’t one of my mom’s children. He’s my father’s son from a different marriage.

The document I’m questioning would be any written agreement between my mom and the people she allowed into the home and if there would be something about the agreement that makes it void vs valid. Like the characteristics (what’s actually written)

 

[Kp87]

The all caps was to refer to the main point of my post.

The property/estate is a home on about 2 acres of land.

The attorney has a $2000 retainer and $250/hr rate.

My brother isn’t one of my mom’s children. He’s my father’s son from a different marriage.

The document I’m questioning would be any written agreement between my mom and the people she allowed into the home and if there would be something about the agreement that makes it void vs valid. Like the characteristics (what’s actually written)

also she wanted to get it out from underher...basically meaning she didn’t want to deal with the stress of any financial obligation/taxes etc to the house