Legal Question in Wills and Trusts in Florida
My 42 year old daughter has just passed away with no will. she had a 16 year old son who we have often cared for. she was never married but her son's father is alive. Who gets title to her property, and who must care for her son. they were both on Medicaide.
4 Answers from Attorneys
Her son should. He will need a guardian.Probate of the estate is required.
You should file for the administration of the estate in probate court. Since your daughter did not appoint a guardian in her will, guardianship will be determined by the court. Contact an attorney for additional assistance or specific legal advice.
Her son will get the assets of the estate. He will need a guardian, that the court will appoint. Custody will depend on a lot of different factors. You can apply to do so if you wish, although there will be a preference for the father to do so.
I agree with my colleagues. If you need assistance in handling this probate and you are in the Duval, St. JOhns, Clay or Nassau area, please contact my office.
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