Legal Question in Wills and Trusts in Florida
My mother in law and her boyfriend owned a property in Tennessee. They are both deceased. Because of family arguing the property never sold, went into foreclosure and was auctioned. There was 50k profit from the auction. One of the family members has the $50k check. The check is made out to both deceased parties. Probate was never opened for my mother in law but was for her boyfriend. Heirs to both sides live in Florida, Connecticut and NY. How do we go about getting the check dispersed?
2 Answers from Attorneys
If property was held by survivorship the estate of the last to die holds the property. That estate had to be probated. The heirs of that person receive the proceeds.
If they owned it as tenants in common, they each owned an undivided 1/2 share. Your mother in laws' estate must go to probate where she lived. The heirs of both sides would be entitled to a 1/2 share of the proceeds. Good luck.
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