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My father in law passed away in January 2018. In 2017 he wrote a new will and quit
claimed the deed to the house to his son my husband. The deed is in my husbands
name and has been since 2017. In 2016 his step daughter and her son put in a quit
claim deed forgeing his signature then they tried to have him evicted.Now the
stepdaughter found out that the step dad has passed and she claims the house is
hers. She showed up today at the house with paperwork she said she got from the
court that states the house is hers but the contents are my husbands.we have not
heard anything from the probate court on the disposition of the will.Is what she
doing legal and we were wondering how she got paperwork from the court since the
will and the death certificate were only filed in the court a week ago.

Asked on January 19, 2018 under Estate Planning, Florida


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

Answered 4 years ago | Contributor

I am so sorry for your loss. The attorney you spoke with is correct.  You need to hire an attorney asap.  You are going to have a Will contest.  I hope that you have an order from the court invalidating the first deed, because you need it.  Get help asap.  Good luck.

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 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.

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