Legal Question in Wills and Trusts in Florida

My mother recently passed away. She told several people she had a will, but not who the personal representative is. Her husband (my stepfather) is denying that she had a will. They jointly owned their house and now the husband is trying to get my brother and myself to agree to sell the house, saying he can't afford the mortgage. My mother told us that when she passed away the house would be paid for, not mentioning the details. What should I do?


Asked on 2/05/11, 1:39 pm

1 Answer from Attorneys

Leanne Perez Leanne Perez, P.A.

If your mother was legally married to your stepfather and he owned the home jointly with your mother, the house will automatically pass to him under FL law and he can do with it what he wishes without asking for you and your brother's permission.

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Answered on 2/07/11, 6:44 pm


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