Legal Question in Wills and Trusts in Florida

Rights, responsibilities of mother when son dies/lived in florida

My brother died in Florida, exwife lives in his home-they got back together but he did not want to remarry her, there are no children or ''legal'' spouses - what rights and obilgations does my mother have with his estate? Exwife took care of funeral arrangements and would like to keep the house that is solely titled in him name. There is also a mortgage owing $60,000, his truck is paid for, motorcycle was involved with the accident (also paid for). We know there are outstanding charge card debts but do not know the amounts or what insurance he even had. How do we proceed from Michigan? Supposedly a will (Office Depot generic form) but has not yet surfaced. Exwife claims it was given to her income tax preparer who lives in Ohio. How long does she have to produce this document? How does the court even begin to get involved if no one contacts them regarding his death?

Sorry we have so many questions. Thank you for your time.


Asked on 11/26/00, 8:46 pm

1 Answer from Attorneys
Kelly Henderson

Re: Rights, responsibilities of mother when son dies/lived in florida

Let me just comment on a few of your questions and concerns. In Florida, without a will providing for the ex-wife, she takes nothing. However, even without a will she may have a claim on joint bank accounts, brokerage holdings or real estate that is titled in both names. Florida statutes require that any will be deposited with the local probate court within 10 days of death. You also wonder how the probate court will get involved if no one contacts them and the short answer is that they may not. That said, I believe someone will contact the Court because the house titled only in your brother's name will never be sold without a probate proceeding and funds cannot be taken from bank accounts in his name without a probate court order. You can call the local probate court and find out if anything has been filed with them by the ex-wife. You may want to contact a local attorney to protect the rights of relatives in this matter or to discuss this case in more detail.

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Answered on 12/13/00, 11:15 pm


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