Legal Question in Wills and Trusts in Florida

My brother has lived with dad for over 2 years, he has a wife and two children, both over 18, and they are bums, collecting unemployment and have no intention of leaving. I have two other siblings, all of us have jobs. My dad has a will leaving all of us the house and everything else equally. But the son and family living with dad is trying to take everything themselves. They also have a handicapped son. We've been told that they might be able to keep the house because they don't have jobs and their son is handicapped. Need some help, thanks.


Asked on 6/09/10, 9:01 pm

1 Answer from Attorneys
Richard Kaplan

Since your father does not appear to be survived by a spouse, nor have any minor children, he may convey the property any way he wishes, assuming he is the sole owner. He can do it through a Will, Trust or something else. Your father doesn't even have to leave the house to any of his family, as long as it is his specific expressed intention to do so.

The only way your brother can get what you are concerned about is if your father modifies his estate plan to reflect this. That may be the issue in that your brother is trying to use undue influence on your father to make this change. Your father needs a good independent estate planning attorney to set up his desires.

Read more
Answered on 6/10/10, 12:09 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida