Legal Question in Wills and Trusts in Florida
the father of my friend past away march 2007,5 days before he died in an intensive care unit,he sign a quit claim of deed,for whom the beneficiary is the woman living with him (not married).
he left to adult kids living in cuba.
do they have any rights of inheritance?
one of the kids is visiting in florida.can he start a probate case?
2 Answers from Attorneys
Yes. Was the house the only asset?
Actually the Cuban national has some problems. Even if the Cuban National is entitled to the assets as the surviving son, there is Federal legislation that prohibits those funds from being transferred to the Cuban national. They go into a blocked account here in the US and cannot be transferred to Cuba, except periodically under some very strict guidelines. If the house is the only asset, they may need to challenge the quit claim deed in Court. That can be done. An appropriate attorney needs to be hired familiar with Probate. As for the Cuban National impact, the probate attorney may know this or have to associate with another attorney who does.
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