Jacksonville, FL asked in Estate Planning for Florida

Q: My question is does adult children have rights to their moms personal belongings?

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2 Lawyer Answers
Cristin Silliman
Cristin Silliman
Answered
  • Clearwater, FL
  • Licensed in Florida

A: This depends on whether the mother has a will and what the will says. If the mother has a will, it should direct what property or other assets she owns goes to which beneficiary. If the adult children are not listed as beneficiaries in the mother's will, then no they would not have a right to the belongings. If the adult children are listed in the will, then each child would be entitled to whatever the will indicates. If there is no will, then the assets of the mother will pass through the intestacy laws of the State.

David M. Goldman
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Answered
  • Estate Planning Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: An adult child has no rights to their mothers personal belongings. That is they can be disinherited but if the mother does not have a will, the will have a right to the personal property upon her death.

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