What to do if my mother died without a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my mother died without a Will?
I have a 50 year old brother that lived with her for 25 years. There are 6 children and 2 have demanded that he leave the house. They have also taken off a great deal of furniture. Can they do this?
Asked on March 9, 2013 under Estate Planning, Florida
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
Oh boy. Your mother should have made a will. If your mother is the only person on the deed to the house, then all 6 children inherit an equal share of the house. Any one of them can force a sale of the house, and that would force your brother to buy their share(s) or leave. Each of the 6 children also have equal shares of the furniture and household goods.
I suggest you check on the internet to find out who is on the deed to house. The Property Appraiser's site for your county will tell you most of it. A lawyer can check the public records to find the deed itself and make sure how it was prepared and recorded.
There might be some unusual factors at play here, but I think you and your brother need to see a lawyer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.