Legal Question in Wills and Trusts in Florida

brother's and mother' name on property. Mother passed away and brother is selling property. I have been told by my brother's lawyer I am entitled to a share of my mother's estate due to us being the only two heirs. Is this true?


Asked on 7/27/16, 12:36 pm

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

If your brother's lawyer told you that you are entitled to a share, I'd take that as a good indication that you are entitled to a share. It never hurts to have your own lawyer, though.

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Answered on 7/27/16, 12:49 pm
Lucreita Becude Lucreita D. Becude, P.A.

You are certainly entitled to your's mother property - however, the question may not have been as precise as it should have been. If the real estate that was owned was in your mother's name and your brother's name - then it will depend on how the title to the property was taken. Was it tenants in common or rights of survivorship. If Tenants in common then you are entitled to a portion of your mother's share. The other property - meaning furnishings, clothing, cars, jewelry, bank accounts etc., you are entitled to a share.

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Answered on 7/27/16, 3:32 pm


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