Legal Question in Wills and Trusts in Florida

My fiance died recently and his parents are requesting some of his belongings. I have complied but it's to the point that I'm no longer comfortable parting with what they are requesting. My fiance and I been together five years and own a house together, it is in this house that I now own under rights of survivorship that the belongs are kept. Do I have legal rights to refuse to give them my fiance's belongings?

Asked on 4/09/23, 10:09 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

I assume he had no will. Yes, the property in the house is yours. You can certainly give them what you want.

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Answered on 4/09/23, 11:49 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

The situs of the property is not necessarily where the analysis ends. Yes, under rights of survivorship the property and what is attached and belongs there, is yours. You advised that you have already capitulated to their prior requests. This does make it harder now to draw your line in the sand. Can you have a conversation with them about why not this item? Can you attempt to ferret out what else they may want? If you cannot have those conversations, then hiring an attorney to help you would be appropriate. Having legal rights to stuff does not end inquiries or challenges. It is best to address them directly sooner than later.

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Answered on 4/09/23, 1:41 pm
Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your fiancé.

Since you were not married, your fiancé’s personal property is inherited by his parents if it was not given to you under his last will and testament. Personal property which is normally used as part of a home would stay with the house; but personal property such as a watch, or baseball cards, or fire arms or computers or clothing are items not used in connection with home ownership and so it should go back to his parents.

Once again, please accept my condolences on the loss of your fiancé.

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Answered on 4/09/23, 2:57 pm

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