Legal Question in Wills and Trusts in Florida

Our son passed away on 10/3/09. he lives with us and is seperated from his wife for 6yrs. he also has a son and a daughter 12 and 16. his wife has a boyfriend that lives there and wants our sons car(value $900) and took the title. there is also a bank account about$ 600 and some tools. we want to be responsibe for his property. we need to sell his car,trailer etc. to help pay for the funeral. what do we have to do.


Asked on 10/06/09, 3:58 pm

2 Answers from Attorneys
Richard Stoffels Stoffels Law Group

If the assets were owned in his name alone (not joint with his wife) then you will have to go through probate. However, from what you said, few of the assets will be used for the funeral. His wife (the fact that they are separated, or that she has a significant other does not matter in Florida as long as he was legally married) will be entitled to the bulk of his estate. It doesn't seem fair, but that is the law. Good luck to you.

Read more
Answered on 10/06/09, 4:52 pm
Lesly Longa Longa Law P.A.

An estate administration (probate) for all the property in his name, including the car. Did he ever divorce? If he didn't have a legal will, intestacy laws shall determine how his assets are divided among his heirs. Additional information about this process can be found on your local clerk of court's website, or contact an attorney for additional assistance.

Read more
Answered on 10/06/09, 4:57 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida