Orlando, FL asked in Civil Rights and Probate for Florida

Q: My dad died suddenly and my siblings have moved into his home where I've been living taking care of him and my sickmom f

With no help from my siblings all along is there anyway I can make them leave my father's home

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Consumer Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: I am very sorry for your loss on the passing of your dad, please accept my condolences for you and your family. Generally, you need to do two things, get a copy of the property deed and your dad's Will or Trust. Based on how the property is held via the deed or based on your dad's Will, would determine who can stay where and who has what rights precisely. If the property deed is no clear about rights of survivorship or it was in your dad's name alone, then you will have to look to the Will and or Trust, either way, your starting point will likely be and should be a Florida Probate Attorney, they can review the deed (or help get one) and review the estate documents (Will and or Trust). If there is no Will or Trust, then the Florida Intestate Statutes (without a Will) are going to apply. As a general point, if there is no surviving spouse and the deed is your dad's name alone for the property, and there is no Will or Trust, then generally the estate is split amongst the children in equal shares, this goes for the home as well. I do encourage you to speak with a Florida Probate Attorney, sooner than later in order to decide what to do and what the next steps will or should be, it is helpful if you and your siblings can agree and get on the same page as well. I will note, if this is your dad's Homestead Property (usually it is), then additional special rules apply that can also be reviewed and discussed with the probate attorney.

Nina Whitehurst agrees with this answer

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