Asked in Probate for Florida

Q: My father passed, his will was probated and his home is left to me.

This is Levy County, Florida. My brother is in jail and won’t talk to me. He is serving time for beating our father up. He has tools at the house. Do they belong to me since it is on the property that I inherited? He won’t be out until July.

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

A: It would be assumed that anything in the house would have belonged to your father and came to you through the probate until proven otherwise. Here it is clear that you know that the tools belong to your brother. I would further advise that tools are not worth causing additional and further family strife over and therefore setting the tools aside for your brother upon his release would be the best course of action. I would further wonder where the probate attorney who did your probate is and why he is not specifically advising you on this matter as that is what he was precisely paid for by doing the probate.

Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: He, who? Your dad or your brother?

You inherited the house. You didn't inherit the tools, or maybe you did. You had or have a probate attorney. Ask him. If the tools belong to your brother, the tools belong to your brother, not you.

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