Legal Question in Wills and Trusts in Florida

How do you get your father's belongings from a girlfriend when he dies?

Asked on 6/09/11, 5:49 pm

2 Answers from Attorneys

Probably a probate proceeding with an Order by the court.

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Answered on 6/09/11, 6:00 pm
Michael Sasso M. Daniel Sasso

I agree with Mr Kaplan's answer above, however you will still need to prove that no completed gift or previous transfer to the girlfriend by your father was made in return for valuable consideration from her, (such as a sale to her). If your father was advanced in age or disabled, you may also wish to browse Florida statute: FS825.01 which is the Abuse and exploitation of elderly law and see if any of these categories apply to the girlfriend such as caretaker, or attorney in fact under a fiduciary duty. Legal counsel can also assist you in discovering if you have a cause of action in the tort called " tortious intereference with your expectancy of inheritence" - you should use your browser to find articles by legal counsel on their websites first before consulting counsel. Further If the girlfriend held any type of Power of Attorney there may also be a way for you to establish any self dealing she may have been involved with, such as gifting assets to herself by use of the Power, etc.

Hope this helps somewhat.

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Answered on 6/10/11, 6:58 am

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