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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37844
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Can my stepson make a claim against 3 antique autos my husband

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Can my stepson make a claim against 3 antique autos my husband and I held jointly (in Florida)?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Does the title to each car state "You and Husband" or "You or Husband"?
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Thanks
Barrister
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Customer: replied 3 years ago.

it states 'co-owner', his name is first.

Ok, since it is listed as being co-owned, as personal property, if husband passes with out a will, the FL intestacy laws would control what happens to any personal property. The law states that his spouse would take half of his estate and any children by him would take the other half.
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732.102 Spouse's share of intestate estate.
The intestate share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.

(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving
spouse has no other descendant, the entire intestate estate.

(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.
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So yes, stepson would inherit his father's half interest in the vehicles unless they are titled "XXXXX XXXXX OR Sue Jones" if there is no will in place that disposes of his assets entirely to you or the vehicles are transferred to you solely prior to his death.
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Thanks
Barrister
Barrister and other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

my error--2 are in his name only, one is his name "or" my name.