Fort Lauderdale, FL asked in Probate and Estate Planning for Florida

Q: What are the state laws for removing property from a parents home in a retirement village once they have passed?

Manager will not allow son to remove anything from the house without proof of will. He says it is a state law. Is it? Also does it matter if its owned home/property vs Rental?

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2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Just for starters and this is a general response regaridng Florida Law on the subject and related to probate and the need to have and or start a probate.

In accordance with Florida Law a landlord is not authorized to allow access to a rental unit for anyone who is (1) not legally named on the lease, or (2) does not have a probate court order naming him or her as personal representative of the deceased tenant’s estate.

Nina Whitehurst agrees with this answer

1 user found this answer helpful

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Estate Planning Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: If you stop and think about the obvious reasons why most intelligent landlords do not allow strangers to get into a home where the occupants recently died you should be able to understand the benefits accruing to the son are.

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