Legal Question in Real Estate Law in Florida
My Finace recently passed away. His mother, sister and son are surviors. Me and his mother lives in his house. His son has a car that is only in his fathers name. Can we stay in the house if we make the payments , and can his son still pay for the car. If his mother has been living with him for 5 years, does that make her his exsecutor, without a will?
1 Answer from Attorneys
First, you need to find a Probate attorney and open a propbate of the estate. The executor is now called a "Personal Representative" in Florida, and will be appointed by the court, and if his mother is competent and wants to be the Personal Rep the court will consider that. If no one else wants to serve as Rep then she will likely be the one.
If your fiance died without a will then the property will pass to his legal heirs according to statute. First his children, then parents and siblings. If he only has one child then that child is the sole heir of the estate. The issue you raise with the house and car payments can be complicated.
You really should consult with a lawyer about the probate and your rights under the law.
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