Legal Question in Wills and Trusts in Florida
Father died without a will
Dad died 2004 - suspiciously no will
could be found. Current wife still
living in the condo dad bought - it
was in his name only. Can she sell
the property without notification to
me? If it has been sold without my
knowledge or consent, do I have any
recourse? Can she take out a
mortgage on the property? I just
want to know (in simple laymen's
terms) what the law says. There was
never a probate hearing... she just
packed up dad's stuff in a box and
shipped it off.
2 Answers from Attorneys
Re: Father died without a will
As a surviving spouse, she has a life estate in the homestead. The remainder goes to his children. She shouldn't be able to sell or take a mortgage out, but mistakes are made. File an affidavit of heirship in the Official Public Records of the county where the condo is located to protect your interests.
Re: Father died without a will
Since it sounds like your father's condo is in Florida, you should really talk to a Florida probate attorney. Good luck!
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