Estate Law Questions? Ask an Estate Lawyer.
Hello, my name is ***** ***** I will be helping you today.
In order to obtain the property that is located in Florida, you will need to open a probate proceeding in Florida. There is no deadline for filing for probate. In Sought Carolina, there is a ten year limit
Simply because his property is located on your property does not mean that you are entitled to receive it. In fact, without a will which names you as receiving his property, a court would be unlikely to find that a fiance is entitled to receive the property.
Did you pay for the truck? Is it in your name?
The problem is that without a will, the son's technically have the right to the truck and therefore, you are not going to be able to get an order that the truck should pass to you.
What you might want to do is reach out to the sons and create an agreement that you won't contest any probate proceeding if they agree to let you keep the truck.
That is true with regards ***** ***** property that is just at your house and it is unclear who actually owned it, but with regards ***** ***** truck, it is in the father's name and not yours so, unfortunately, it would pass to the sons.
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