Perry, FL Estate Planning Law Firms & Lawyers

In general, you do not want to be gifted a home that has gone up in value since your parents bought it. If they do give it to you and you sell it at a later date, you will pay capital gains tax on the difference between what you sell it for and what your parents paid for it. If you inherit the property through a will (subject to probate) or better yet a living trust (no probate), your basis (what the IRS considered you paid for the property) in the property will be whatever the property is worth when you Mom passes and thus if you sell it, you will owe little if any capital gain tax (unless the property goes up in value after your Mom passes).

A charge of embezzlement is very serious. If true, then the lawyer involved could easily lose his or license, and those involved have committed crimes. You should be 100% sure before making this allegation. You should definitely retain an attorney to help you, if only to avoid charges of defamation if you turn out to be mistaken. It is likely that you will need to request an accounting from the trustees, and pursue an action in court to recover any monies you and/or the trust are owed. In case of gross malfeasance, an action to remove the trustee may be appropriate. You will almost certainly need to disclose the identity of your new lawyer to the lawyer whom you accuse of malfeasance. This is not the type of case you want to tackle in pro per, with a lawyer in the background providing general guidance. I would start contacting lawyers who practice in this area for assistance.

If the home was in a living trust, then the trustee can sign the deed. If there was no living trust, then your father's estate must pass through probate. The court-appointed administrator of the estate (which could be you, if you ask for the appointment) will have the power to sign a deed in favor of whoever is to receive the property in question. I suggest you contact a probate attorney for assistance in this matter.