Legal Question in Wills and Trusts in Florida

My sister was murdered by her husband and who then committed suicide, I have guardianship of their 3 children. They had no will. I have contacted an attorney to file in the county in Alabama they resided to help with probate. While they have very few assetts they do have a house in Florida that may have approx. 20,000 or less in equity. The problem is his brother is filing for his brothers estate and also removed everything of value from their rental house and will not cooperate with me. My attorney advised me to contact a lawyer if Florida about the house, the mortgage is in my brothers name but both are on the deed. My question is in regards to right of survivorship, his family states that since my brother in law died last the house is technically his. Is there not a law in Florida that prohibits a murderer from inheiriting from their victims estate?


Asked on 8/27/09, 1:33 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Yes. You must oppose any attempt by his brother to probate in Florida. You should be appointed Fiduciary in Alabama and them seek ancillary probate in Florida. good luck.

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Answered on 8/27/09, 3:29 pm


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