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?

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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

Answers:

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.


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