Legal Question in Wills and Trusts in Florida

Unmarried brother dcsd-Mother living-no will

Unmarried brother survived by mother dcsd with no will.Left stock,insurance,real est in NC and FL along with several automobiles.Elderly mother being cooerced in giving away holdings, items of value to 6 other siblings,2 not included for anything. Can be proved dcsd brother did not visit/communicate with ones benefiting, can an accounting be requested by other 2 brothers/sisters who were close to brother? What obligation, if any, does mother owe to other brothers/sisters?


Asked on 9/04/99, 9:36 am

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Unmarried brother dcsd-Mother living-no will

If your brother passed away and left assets which does not name a beneficiary or joint owner, then probate will be required. Even though your brother did not leave a Will, the probate process will still move forward. Additional documents will be needed but the case can still proceed. If your brother was not married, no children and has a surviving parent then the surviving parent is the person entitled to your brother's assets. Do not allow your mother to get coerced into anything, she has a right to those assets as long as there is not a joint owner or beneficiary or Will to the contrary. I suggest that you begin the probate process as soon as possible to avoid further grief and delay. My law office handles probate cases and we would be happy to answer any more questions that you may have. Sincerely, Melody Stickel-Martinez, Esq. (954)437-5968

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Answered on 9/15/99, 1:47 pm


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