Atlanta, GA asked in Probate for Florida

Q: My mother passed away three months she had a living will my other siblings sold her home didn't include me & other sibli

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

A: A living will concerns the decision to not prolong life by artificial means; i.e.: "pulling the plug"; and is not the same as a testamentary disposition of property once someone dies. You need a probate attorney to look into whether your siblings properly sold the home, because without a last will and testament you may have had in interest in your mother's estate under the intestacy statutes.

Victoria Morales
Victoria Morales
Answered
  • Probate Lawyer
  • Palm Beach Gardens, FL
  • Licensed in Florida

A: The term "living will" refers to a document where the person signing it expresses her wishes regarding the prolonging of life through artificial means or devices when the person is no longer able to maintain life on her own.

A last will and testament is a document that expresses a person's wishes regarding the disposition of her assets upon her death.

You do not mention whether your mother left a last will and testament. If she did, directives as to how to dispose of the assets in her name upon her death are contained in the last will and testament. If she did not, then the Florida intestacy laws come into effect.

An attorney would have to look into the matter to determine whether the home was sold pursuant to the requirements of the law, and if your interests need to be asserted.

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