Q: If My parents left me and my brother their estate (home) and my brother died leaving no will, do his children inherit it
My brother took the money from my parents account and we agreed I'd keep the house, however we never formally filed any paperwork to document this, now his children want half the estate, are they entitled to it even tho thy never lived here or helped with it financially and he never left a will specifying his children?
A: Yes, his children are likely his heirs, in the absence of a will, and inherit everything he owned. An informal, unwritten agreement would not be enforceable.
A: If there is some written documentation regarding the arrangement you and your brother agreed to, it is possible that you can keep the house. The written agreement can be in text messages, emails, or any other form of writing. Without that, your brother's children will inherit his 50% of the property. If they are entitled to his 50%, you may be entitled to an offset for the cost of maintenance, upkeep, insurance, and other expenses you incurred. Schedule a free consultation to figure out how to protect your interest in the property.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Florida
- (954) 738-9757
- View Profile
- Answered
A:
Since this is in Florida, your brother’s children likely have a claim to his share of the house if he passed without a will and the property wasn’t set up with rights of survivorship (which would’ve automatically made it yours). Without formal paperwork documenting your verbal agreement with your brother, Florida law won’t recognize it.
If the house was owned as tenants in common, his share becomes part of his estate and would legally go to his kids under Florida’s intestacy laws, even if they never lived there or contributed financially.
You should check the title of the home to see how it’s structured, gather any evidence of the agreement, and consult with a Florida estate attorney ASAP. They can help you figure out if the kids really have a claim or if there’s a way to resolve this in your favor.
It’s frustrating, but Florida’s laws default to what’s on paper—not verbal agreements. Hiring an attorney to help you navigate the probate matter will be your best bet here! Reach out to me anytime as we provide free consultations.
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
