Legal Question in Wills and Trusts in Florida
my mother passed 3 mo's ago, brother is executor and I am 50/50 in the house. all paid for - cash money. I did not receive a 50/50 in her other assets, not at all, even though I'm the one who cared, nursed, worried in and our of hospitals, my brother lives in Michigan, visits lx a yr. He rec'd $175,000 in cd, money, etc life insurance. I rec'd 70,000, I feel I should move into the home, possible work out a financial amount, such as $15,000 and take over all fees that go with running this home in a gated community. I live about a mile, that's how close to her I was. HELP I want to update and move in.
2 Answers from Attorneys
Your legal rights to the house or other property depends on the last will or trust of your mother. You, your brother, and any other beneficiaries can agree to distribution of the estate residual, but your basic rights, e.g., whether you are entitled to more than 50% of the house or other property, will depend on the provisions in the last will or trust.
Also did your mother name you on the deed. If so, then is passes without probate directly to you and you become the full owner of the property. So - what does the deed state? If your brother probated the estate, then look at what was done. If you need help and are in the Jacksonville area, give my office a call for an appointment.
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