Q: My mom passed away in May and now my stepfather has my personal belongings and family hairlooms. What are my rights
I just want some advice as to what my rights are
A:
If the items in question belong to you personally, your stepfather should not withhold them from you.
You have the right to request the immediate return of your personal property. For items that belonged to your mother and were family heirlooms, the distribution depends on whether she left a valid will or not.
If your mother left a will, the will should specify how your mother's assets, including personal belongings and heirlooms, are to be distributed. The executor or personal representative named in the will is responsible for ensuring assets are distributed as per your mother's wishes. If the will left you those items, the personal representative cannot withhold them from you. If the will did not leave you those items, you are not entitled to them.
If your mother did not have a will, you will be entitled to a portion of her estate. If your mother had children from another relationship (you) and was married at the time of her death, the surviving spouse (your stepfather) and children share the estate. The spouse typically receives 50%, and the remaining 50% is divided among the children.
You can file a petition for probate in the appropriate Florida probate court to start the legal process of distributing your mother's assets.
Schedule a free consultation to make sure your inheritance is protected.
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