Legal Question in Wills and Trusts in Florida

my mother died (no will) and left instructions on how to handle her belongings (jewelery), to be lotteryed to each child (9), as each child dies the belongings are passed to the next. I have a sister in law fighting this. What can I do?


Asked on 8/07/10, 3:10 pm

1 Answer from Attorneys

First, the sister-in-law has absolutely no standing to object to anything. I presume its the husband that is a child of your mother. Only he does then. Of course, he can fight it.

The correct procedure would be to probate the items, and have it equally divided between the children. If they can't agree, then a judge could divide it or call for it to be sold. One of the children could buy it from a sale. An appraisal would be needed. This could backfire if there are creditors, caused then they would get the proceeds of the sale.

Probably the probate would be a more expensive procedure than the jewelry itself. So I hope the family can come to an agreement, or someone will be spending some money in court.

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Answered on 8/12/10, 3:26 pm


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