How to reclaim belongings taken by fiancé's son after his passing in FL?

Question

My fiancé recently passed away, and the day after, while I was not home, his son broke in, vandalized the place, and took all of his father's belongings, including a vehicle that was in my fiancé's name containing many family heirlooms of mine. I've tried repeatedly to retrieve some of my fiancé's items and my own possessions, including some ashes for our twins, but he won’t respond. There was no will, and I did not report the break-in to avoid legal issues for him, though I have evidence of my attempts to contact him. We are in Florida. How can I legally reclaim my belongings and some of my fiancé's items and ashes?

Anwar Elias Hadeed · Answer

In Florida, you may take the following legal steps to reclaim your belongings and your fiancé’s possessions: 
 
File a Police Report – Even if you initially avoided reporting the break-in, you can still file a report for stolen property, especially since some items belong to you. 
 
Send a Formal Demand – Send a certified letter to your fiancé’s son requesting the return of your belongings and any items of sentimental value. 
 
Pursue Legal Action: 
 
Replevin Claim: If he refuses to return your property, you can file a replevin action in civil court to recover specific items. 
 
Probate Proceedings: Since your fiancé had no will, his estate (including his belongings and vehicle) may go through intestate probate, where heirs must follow legal distribution. 
 
Consult a Probate or Property Attorney – A lawyer can assist in filing the proper claims and ensure you take the right steps without unnecessary legal complications. 
 
Taking action quickly is crucial to prevent further loss of your property.

Charles M. Baron · Answer

Sorry to hear about your ordeal.  If there's a risk of your fiancé's son selling off the items, you need to act fast.  Though he legally cannot sell the vehicle without title being transferred in a probate case, he could sell it on the black market, with your items still in there.  If there is that risk, getting the police involved may be your best first move, because anything else will probably take a LONG TIME for the dispute to get resolved.  You may want to send a letter to him requesting he meet with you to amicably resolve your issues, failing which you will need to retain a lawyer.  If no cooperation, you can file what's called a replevin lawsuit, which seeks a court order for turn-over of the items belonging to you.  
Regarding items belonging exclusively to your fiancé (NOT jointly with you), his heir(s) would inherit, and a fiancé that is not named in a Will or other legal instrument that distributes assets/property to the fiancé is NOT an heir.  Regarding tangible personal property Items that are owned solely by your fiancé, they technically should go through the probate process if there was no Will or signed/dated distribution list, but if you can already determine that your fiancé's kid(s) would inherit those items in the end, there would probably be no point in making a fuss about those particular items.

Q: How to reclaim belongings taken by fiancé's son after his passing in FL?