“Quick” Q&A – “Mom died without a Will, but she really wanted me to have the house…”

In Common Florida Probate Questions by Long

So begins our series of classic “Quick” Questions which we field on a daily basis (“we” means our principal attorney, Long H. Duong in most cases):

Enjoy!

“Quick” Question

“Mom died without a Will, but she really wanted me to have the house. My rotten siblings never took care of her and of course now, they want a piece. What can I do?”

“Quick” Answer

Not much you can do! This is precisely the reason why everyone should have a Last Will and Testament! Florida intestacy statutes are going to grant that house to all of you in equal shares, giving you a tenancy in common interest with your siblings.

Get it probated, and then work out a deal with your siblings as to what to do with it. You could buy them out or have them buy you out. Fight about it and I guarantee it will cost you.