My mother died in FL living with my daughter and left no will. I am her only heir and want her furniture etc. that in currently in my daughters house How do i reclaim?

I live in Arkansas she is in Milton, FL

Asked on September 16, 2017 under Estate Planning, Arkansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  So I am assuming that you and your daughter are not on the best of terms for you to just ask her for the belongings.  What may have to happen is that you will need to open an estate proceeding to act.  In FLorida, when you die intestate (without a Will)  then the intestacy statute governs.  Under that statute, you as her only child inherit everything and you would be given preference for being appointed as the Personal Representative of her estate.  Out of state fiduciaries are ok if they are of lineal descent (which you are).   It sounds as if Mom may have had a small estate as well (under $75,000) so you could do a Summary Proceeding, which is easier.  Once appointed you have the ability to "marshal her assets" - gather her belongings - and reclaim her things.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.