Legal Question in Criminal Law in Florida

My father passed away last week, and was in the process of separating from his wife of 4 years. She did not reside in their apartment (at least for the last month) when he died. We were told that we could not go into the apartment ( I am his son, along with my brother and sister) to gather his belongings. My brother and sister decided to go to my fathers apartment anyway and gathered his pillows, our photos and thats it. They did this because the stepmother would not answer our calls, or have any contact with us, and they wanted my fathers things so that he could be buried with our favorite pictures, his favorite knick knacks etc. Now my step mother wants to file charges against my brother and sister for breaking and entering and petty theft. Is there anything my brother and sister can do? Can a stepchild "break" into the apartment that their father resided used to reside in? This is in Florida. Thank you and have a good day.


Asked on 5/16/12, 4:19 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

No there is no self-help remedy and the stepchild can be charged with burglary. Person could face up to 15 years in prison. The remedy is to sue the stepmother to get their things. Talk to a civil and/or a probate lawyer.

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Answered on 5/16/12, 7:47 pm


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