Legal Question in Wills and Trusts in Florida
My mother has passed away recently and did not have a will in place. When my grandmother passed away, she left her house (the one my mother resided in until death) to her and my aunt as joint tenants with rights of survivorship. The personal belongings in the home are my mothers (bought and paid for by her). Now that she has passed without a will, does this mean that all belongings in the home will now be owned by my aunt? Please let me know the best course of action as my mother wanted all of her personal belongins in the home to go to my brother and I. I am not sure what the intentions of my aunt are since we have not spoke with her in over 5 years...please help!
2 Answers from Attorneys
The personal belongings are your mother's and they belong to her Estate. The issue is whether there is sufficient value in the belongings to justify filing a probate case. You would hire an attorney, file a probate, get appointed as personal representative and then marshal the assets. This would include contacting your aunt and doing an inventory of the house and the belongings. You may want to try and have this conversation with your Aunt prior to hiring the attorney. Sorry for your loss
I suspect since your mom resided in the home that your grandmother felt it only fair to allow your aunt to have the house after her death. As to the belongings, Mr. Stein is correct in his response. Your Aunt may have had differences with your mom but certainly not her niece and nephew. Call her, she may now even know her sister passed.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
