Legal Question in Wills and Trusts in Florida
deceased parent's will
my mom passed away about 2
weeks ago, she had been married for
a little over 2 years to her husband.
My mom left everything to me as
stated in her will.We also were
joint owners on her house that she
had prior to marriage and also had
left me money in bank accounts that
i was also part owner and assigned
P.O.D with my name. Her husband
has expressed staying in the house,
which is mine.My mom's car is in
the garage in which she never got to
sign the title and pass it over to
me.He expressed that he was going
to renew the tag as it just expired
back in her name....which i do not
understand how you could do so
when the person is not a live! and he
would drive it around till we take
care of it. My first question
being that he was married is the car
rightfully his? I do not care about
money, i just want to get things
settled and not have this prolonged
over months!OR since my mom
had a will and it states me as the
one that handles everything is the
car mine to take care of? I need
answers to how to handle this and
what rights he has??
2 Answers from Attorneys
Re: deceased parent's will
BOTTOM LINE: The Will must be filed in probate, which allows your mother's estate to be opened with you as Personal Representative. You will likely be required to have an attorney during this process so go ahead and retain counsel.
Re: deceased parent's will
The property held jointly, passes to the survivor. The other assets will require the will to be probated.
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