My father recently passed and he had no will

My father passed away and had no will i found out he had singed over his house to
his live in girlfriend she is telling me all his personal effects are hers as
well as other assets and will not provide any paper work saying such what am i to
do?

Asked on March 7, 2016 under Estate Planning, Florida

Answers:

G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your father died without a Will, his estate will pass intestate. If your father was not married that means that his property which would have been passed by a will, gets passed on to you and your siblings in equal parts. In regards to the house, if your father signed it over to his girlfriend, then she will likely be able to keep it. In the event that he was not of sound mind when he tranfered papers to her, you might be able to fight it. Keep in mind you will have to prove that he was not in the right state of mind. Also keep in mind that FL is a common law marriage state. You might want to consult an attorney in your state as this might get complicated.


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