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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34741
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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When both mother and father have passed with no will and

Customer Question

When both mother and father have passed with no will and three surviving children how is the estate to be administered, in Florida.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: Not that I know of.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, one of the three daughters has basically changed the locks on the home and denied the others entry or possession of the majority of the contents.
Submitted: 1 month ago.
Category: Legal
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Which parent passed first?

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Do you know if they owned all their assets jointly or did each parent own their own separate assets solely in their name?

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thanks

Barrister

Customer: replied 1 month ago.
The mother passed first, the bulk of assets were owned jointly.
Customer: replied 1 month ago.
No need to csll
Customer: replied 1 month ago.
No need to call
Customer: replied 1 month ago.
Hello?
Expert:  Barrister replied 1 month ago.

Just a couple minutes while I type out a response please..

Expert:  Barrister replied 1 month ago.

Ok, if mother passed and they owned most assets jointly, then anything jointly owned would pass instantly to father. Anything she owned solely would also go to husband as long as all the children were from the marriage.

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Then when father passed, since there is no surviving spouse, the children inherit everything equally.

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So if there are 3 children, each gets 1/3 of the estate after all bills and debts are paid. If there are children that are deceased, then their estate inherits their share. So if there are 4 children, 1 of which is deceased, then the 3 get 25% and the 1 deceased child's estate gets 25%.

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thanks

Barrister

Customer: replied 1 month ago.
What actions do 2 of the surviving children take it one if the three has taken possession of the estate denying the remaining 2 any access to the estate.
Customer: replied 1 month ago.
one of the three that is.
Expert:  Barrister replied 1 month ago.

They have to file a formal probate case in the local probate court to be appointed Administrator of the estate and then they would have the authority to take legal possession of all of the assets of the estate.

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thanks

Barrister