Do I have rights to my grandmother's property in Florida without a will?

Question

I have been living in my deceased grandmother’s property since it was built in 1990. She did not leave a will or legal documents for the property. I am her first grandchild and her daughter, my mother, is also deceased. My uncle, her surviving son, and my younger sibling are involved as well. Recently, on February 9, 2025, I was arrested after an incident involving self-defense against my uncle and brother; I accidentally injured my uncle. Following the arrest and my release the next day, I was removed from the home. I want to understand if I have any rights or claims to my grandmother's property.

Michael Rubin · Answer

you need to check with a probate attorney and ask about the law of Intestacy

Phillip William Gunthert · Answer

Generally, you would need to review the deed of the property and see what it states specifically with respect to ownership rights. If the property was in your grandmother's name alone and she is deceased with no Will, then the Florida Intestate Statutes *without a Will" are going to apply, this basically means if there is no surviving spouse then the asset would go to the children of your grandmother in equal shares, any children of your mom would take her share via a probate. If the property is Homestead, then additional special rules, petitions and filings would apply, but the property would eventually be put into the name of the owners per above. So your uncle and any other siblings would become owners and potentially you and any of your siblings through your mom. If you are a convicted you cannot be the personal representative of the estate, so be aware, someone else would have to serve in that role. Also, an affidavit of heirs would need to be completed, this will determine who will inherit from your grandmother (in your stated example, basically any children of your grandmother or if any of her children are deceased, any children of the deceased child, you and your siblings would take through your mom). This is a very general response and you likely would need to speak with and work with a Florida Probate Attorney where you can provide additional details for a more precise response.

Barry W. Kaufman · Answer

Not without a probate court determining your rights, if any. Whether you do or don't is immaterial to your criminal issues.

Anwar Elias Hadeed · Answer

In Florida, if your grandmother passed away without a will (intestate), her property would typically pass to her heirs under Florida intestacy laws (Fla. Stat. § 732.103). Since your mother (her daughter) is deceased, her share would likely pass to you and your sibling, while your uncle, as her surviving son, would also have a claim. However, living in the home does not automatically grant ownership rights. To establish your legal rights, you may need to file for probate to determine rightful heirs and property distribution. Given the family dispute and your recent removal, consulting a probate attorney is crucial to protect your potential inheritance rights and explore legal options for reclaiming access to the property.

Q: Do I have rights to my grandmother's property in Florida without a will?