What to do if my mother died without a Will?

UPDATED: Mar 9, 2013

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What to do if my mother died without a Will?

I have a 50 year old brother that lived with her for 25 years. There are 6 children and 2 have demanded that he leave the house. They have also taken off a great deal of furniture. Can they do this?

Asked on March 9, 2013 under Estate Planning, Florida


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

Oh boy.  Your mother should have made a will.  If your mother is the only person on the deed to the house, then all 6 children inherit an equal share of the house.  Any one of them can force a sale of the house, and that would force your brother to buy their share(s) or leave.  Each of the 6 children also have equal shares of the furniture and household goods.

I suggest you check on the internet to find out who is on the deed to house.  The Property Appraiser's site for your county will tell you most of it.  A lawyer can check the public records to find the deed itself and make sure how it was prepared and recorded.

There might be some unusual factors at play here, but I think you and your brother need to see a lawyer.

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