QUESTION

How long can my brother stay in the house owned by his deceased brother

Asked on May 17th, 2013 on Estate Litigation - Florida
More details to this question:
I am asking this on behalf of my brother who is living at the house of my other deceased brother in Venice Florida. The death occurred about 2 weeks ago. There is no will, he has 3 children who live in Michigan but the deceased brothers wishes were to give assets to the brother who is staying at his house. So, on behalf of the brother who is staying in the house, I am concerned at what the process of going through the deceased brothers assets are..but also concerned because the brother who is living in the house does not have resources to live elsewhere..is there any info you have that will help me to figure out if there is anything that the brother who is staying down there can do or that I can do from a distance. There does appear to be some limited value to my deceased brother's estate, but the brother who is living down there is not able to personally pay for legal help. Any ideas for us?
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1 ANSWER

Estate Planning Attorney serving DeLand, FL
4 Awards
Without a will, the decedent's estate will pass according to Florida intestacy laws. The answer to who gets the assets of the estate depends on whether the decedent was survived by a spouse, and whether that spouse was also the parent of the children in Michigan. I suggest your brother seek out legal aid. He may need to apply for public assistance.
Answered on May 21st, 2013 at 3:12 PM

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