Legal Question in Wills and Trusts in Florida

My husband passed away recently; we have been separated and divorce has been in process for over a year however, I was his primary caretaker for the last 3 months due to his terminal illness and not having anyone else to care for him fulltime. We own real estate together - 2 homes in both our names, one of which was a rental investment property that he ended the rental agreement without my consent and moved into the property - in other words, took a marital income and created another liability. He did have a boat, motorcycle and truck, purchased during the marriage and titled in his name. There was a court order that none of those vehicles could be sold but I learned he sold the motorcycle and boat to purchased a race car which is being stored in a neighbors garage. What are my rights to this property? Does the race car automatically become marital property since it was purchased with the funds received from the sale of the boat and/or motorcycle? I've also learned he wrote a letter that states his mother gets the race car if he passed away but the letter is not notarized. Thank you for the advice.

One more thing - his checking account is locked or closed out - debit card is no longer working. Could his agent on the Durable POA legally close it out before his death? Appreciate all responses. Thank you.


Asked on 12/05/16, 8:44 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

You need to hire the services of an attorney. Probate in Florida requires that you hire an attorney so you can not do this on your own. Most attorneys do not charge for a consultation, so I suggest you contact one for an appointment to discuss what to be done in your situation.

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Answered on 12/05/16, 8:49 am


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