Legal Question in Wills and Trusts in Florida
Can family herilooms be sold when inherited without a will?
My father-in-law inherited from his aunt who had a will. When my father-in-law passed, my mother-in-law inherited without a will. She is now selling off all of the valuables - which are mostly old family heirlooms. Can she do this? Does my husband and his brothers have any right to these antique that have been in their family for years. What about the land? Can she sell all of it or do her sons have a right to some of this property? She is selling items without even giving her sons the opportunity to buy it first.
2 Answers from Attorneys
Re: Can family herilooms be sold when inherited without a will?
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.
If your mother-in-law legally inherited "the valuables" she has the right to do with them as she pleases. It may not be thoughtful to dispose of the family heirlooms but it is her choice.
As to the real property, unless the property was titled as joint tenants with right of survivorship, then a probate must be filed to ascertain the ownership interest of your mother-in-law and all other heirs.
I strongly suggest that you meet with an attorney to review the specifics of your legal situation and get direct answers when additional information is provided to the attorney.
Scott R. Jay, Esq., 305-249-8000
Re: Can family herilooms be sold when inherited without a will?
If she legally inherited it with or without a will, she is free to do as she pleases. Unless they held the land jointly at his death, it probably did not pass to her completely and she would not be able to sell it without the consent of the children. Unless they owned the land jointly, it would have to go through some sort of probate to show how the title passed at his death.
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