Intercession City, FL Estate Planning Law Firms & Lawyers

Please contact a Florida probate attorney in the county in which your aunt held property and died.  It does not appear that you have any right to the property.  Do not spend money on the mortgage:  even if her son disclaims his inheritance, it will pass to his children, not to you.  You will have to file a claim against the estate and prove that this was a loan to the estate, not a gift.  Under most states' inheritance laws, nieces and nephews can only inherit if there are no children (or children of children who disclaim), parents, aunts or uncles.

The question as drafted is a little confusing but I will try to answer what I think you are asking. First, it depends on how the house is deeded. If it is deeded as tenants in common, then his portion passes according to his will. If it is deeded as joint tenants with rights of survivorship with his wife/your mother or as husband and wife community property, then it went to her when he passed and she can make a will leaving it to someone different. However, if she is not competent to make the will, then the new will made while lacking competence can be challenged. Presumably, in order to obtain title to the home, the executor will have to probate your mother's will and that is when you would challenge it in Court.

Your question is incomplete what do you want to do with a lawyer? If your parents had assets that need to go through probate (accounts in their name without beneficiaries listed, real estate, etc.) and other beneficiaries (do you have siblings? )all relevant information on both of those would be needed.