North Brunswick, NJ asked in Probate for Florida

Q: My brother's will isn't settled, however, he left my other brother a life estate .

My other brother passed away 9 days after my other brother and the house was to go to an acquaintance. The will isn't even settled and this person moved into the house and I have to go to Florida to pack the house up and she is telling me that I will not be allowed in "her" house and that she will have the things put outside for me to pick up. There is furniture, washer/dryer, a new oven that my second brother bought and other things. How can this person not allow me to go there and stay in the house to pack it away? Isn't she trespassing? As far as I know until the will is settled it is not her house, correct? What can I do. I'm suppose to go down to Florida July 12th

Related Topics:
4 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: I cannot say if she is trespassing for sure without looking at the documents. I suggest that you hire a probate attorney from the area where your brothers lived to review all these facts with. This is too complicated to try to give you detail advice on this one.

Lauren Nagel Richardson agrees with this answer

John Richert
PREMIUM
John Richert
Answered
  • Probate Lawyer
  • Clearwater, FL
  • Licensed in Florida

A: You need to talk to a probate attorney right away. A probate attorney will be able to advise you on this woman's status in the house and will be able to start a probate case so that the house is transferred according to your brother's wishes. If the woman does not belong in the house, a probate attorney will be able to advise you on the best way to remove her.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: You indicate that the "will isn't settled". Some things an attorney advising you would have to know is whether the wills of each brother have been admitted to probate, whether a personal representative (for each brother's estate) has been appointed by the court, and the details of any sale of the home to which such personal representative(s) may have agreed.

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Probate Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: If the estate is a Formal Administration and she is the Personal Representative, she may have a right of entry, but you would need to review the probate documents with an attorney for an exact answer. Best of Luck! Jennifer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.