My father recently passed and he had no will

UPDATED: Sep 30, 2022

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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

Asked on March 7, 2016 under Estate Planning, Florida


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

Answered 6 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.

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.

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