Mother being evicted – Property Law – Florida?

My mother has lived on the "family farm" for over 20 years. Her mother and father passed away and she continued living there, the uncle (owner) gave her a piece of paper stating she could live there for the rest of her life. But nothing legal. He is still alive and i think has signed over the land to his heirs now they are evicting her. Does she have any rights? The only thing that they have asked is for her to pay the taxes (garbage and rescue) each year on the 1 acre of property where her home is. Is there a law that might protect her?

6 Responses to “Mother being evicted – Property Law – Florida?”

  1. TMB Says:

    This site might help.
    http://www.weblocator.com/attorney/fl/law/resreal.html
    This one also
    http://www.findlaw.com

  2. v b Says:

    Have a local lawyer look at the "piece of paper" that supposedly gave her a life estate.

  3. iwishiweresomewhereotherthanhere Says:

    To know for sure contact an attorney!!

  4. Hokie_Pokey Says:

    Even though that piece of paper isn’t legal. She should take it to an attorney. It’s a written contract and that is legal.

  5. s and d e Says:

    i’m not sure, but if she still has the paper he gave her–she needs to take it to court. isn’t family amazing?!?!?! you would think they would let her stay there!!! i think if she has a good attorney, she could win–even though it’s just a piece of paper. also–i’ve heard that Florida has a homesteading law—like if you’ve lived somewhere for a certain amount of time, they have to let you stay-but i’m not sure

  6. HelpMeEscrowStuff Says:

    ok.. a few things

    1) You said you *think* the land has been signed over to the heirs. Are you 100% sure of this? Find this out first. If it has not been signed over, then your mom is safe

    2) If it HAS been signed over, check to see what the terms of the "signing over" includes. There very well may be a clause that says that your mom gets to stay there for the rest of her life. This "clause" may be omitted by the new heirs when trying to evict hoping no one will find out about it, so find out about it!

    3) Even though your dad signed a "piece of paper" to your mom, it may not be legally enforceable as he has sold off the property. Normally such an agreement lasts until the death of the owner, or until the ownership has been transferred. So basically it’s for the life of the ownership by the owner.

    4) IF by chance the letter isn’t enforceable and IF there was no clause mentioned in the transfer of the estate to his heirs, then i would proceed in smearing the name of those who are trying to evict her. THAT may be enough to get them to stop in their tracks. It’s not likely though as they’re already willing to evict her anyway.

    I would also suggest contacting the uncle who is still alive and have him talk to his heirs.

    Another way to go about this is to go through your state’s eviction laws. BAsically, it may be possible that the lease she signed with the owner may have to be enforceable to the new owners. She may have an indefinite lease and the new owners may have already been aware of it (most likely they were) and when they accepted the property transfer, they may also have to accept the terms of the lease the uncle and her entered into.