Pensacola, FL asked in Estate Planning and Real Estate Law for Florida

Q: On March 31st my fiance passed away and her daughters are coming through the house throwing stuff away

Like it was their own stuff now I've been here for 7 years living in this house though we were never married do they have a legal right to come in this house when there is no last will or a will written out saying that the house belongs to them? Or do I get the house?

3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: I hate to be the bearer of bad news, but if your fiancé had no will, then you did not inherit anything. Your fiancé‘s children most likely are the sole heirs of everything she owned. That said, they most certainly do not have the right to barge in and start taking things until the court has issued to either or both of them letters of administration, and even then they can’t take your stuff. If they have taken anything of yours you should file a police report for theft because that is a criminal offense.

Terrence H Thorgaard and Phillip William Gunthert agree with this answer

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

A: I am very sorry for your loss of your fiance and please accept my condolences sympathy at this difficult time. No, they do not have any right to come to or be in the house at all at this point if no Will exists, no probate has commenced and they are not on the deed. Speaking of deeds, if you were on the property in some manner with respect to the property deed then you may have a right and a claim, a review of the current deed and whether you are already on it will be important. If you are not on the property deed in some manner and there is no Will or Trust with your name on it, it is highly likely that the property will eventually be turned over to someone in their family and you will not have any claim, other than you can make a claim on the estate possibly with respect to anything you are owed, own or paid for as it relates to the property. When there is no Will, the Florida Intestate Statutes apply, none of those include a fiance. You may want and need to speak with a Florida Probate Attorney to further review the precise circumstances and details, but unless you can provide more concrete specifics, it initially appears you are in an uphill battle at best.

Terrence H Thorgaard agrees with this answer

Lissette Crescimone
Lissette Crescimone
Answered
  • Estate Planning Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: Absent a Will or a Trust directing how assets should be distributed and to whom they should be distributed upon a decedent's death, the Florida intestacy law will apply to determine who the heirs at law are. Consult an estate planning attorney in your jurisdiction for more information.

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