Q: Probate or not
Brother passed last month , he resided in a house owned by our mother . He paid rent to her every month . The house was furnished when he moved in . Now his children want everything in the house . I told them they are entitled to anything solely in his name which includes a boat , and motorcycles . He had no will . Is probate even necessary ? And is my mothers home protected from his children ?
A: His children have no right to anything not his, including your mother's home. Without knowing anything else, and this is not the place to get advice but only a place to answer a general question, the best thing to do is to have your mother retain an attorney to protect her interests against the ravaging horde of her grandchildren.
Phillip William Gunthert agrees with this answer
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A: Very sorry for your loss and the passing of your brother, please accept my condolences at this difficult time for you and your family. If your brother did not have an ownership interest in the home (on the deed), then the property still belongs to your mother, on a side note, she should likely do some estate planning herself related to her Homestead and her property. Any assets in your brother's name alone will likely have to go through probate. motorcycles, boat, bank accounts, retirement accounts and so forth if there is no pay on death or transfer on death or similar ownership rights. You will want to review any deeds and or titles for starters, but it is likely that some version of probate is going to be needed and required and in most instances you will end up needing a probate attorney to advise you and file all the applicable documents and petitions. If there is no Will, then the Florida Intestate Statutes will apply, this basically says to spouse (if married), if not married to children in equal shares. If the estate is worth in excess of $75,000 then a Formal Probate will be required with a Personal Representative. You should gather all the details and specifics and then call an attorney for additional feedback and details based on additional specifics that you can provide.
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