Cape Coral, FL Estate Planning Law Firms & Lawyers

Because the deed lists the owners as tenants in common rather than joint tenants with right of survivorship, your mother’s 50% interest does not automatically transfer to the surviving co‑owner. At her death, her share must go through Florida probate, and title will pass to the beneficiary named in her will—or, if she had no will, to her heirs under Florida’s intestate succession laws. To move forward with any sale of the property, you’ll need a Florida probate attorney to handle the administration and transfer of her 50% interest. 

Whether you can open an estate using a small estate affidavit or must file an application with the local probate court turns on state law and the size and nature of your father's estate.  Either is likely to cost more than $600.  If that is all he left (besides some old clothes and shoes), you may prefer to let the check go to unclaimed property with the state comptroller's office and, years from now, try to prove to that office who your father's heirs are.

As a life partner, you have no right to any of his property. However regardless of your relationship, you're owner of 1/2 of property that you bought together UNLESS it's property with express ownership, then the title or contract controls ownership (motor vehicles, bank accounts, etc. have express ownership). So if you bought a $5,000 living room suite together, you have the ownership of 1/2 of the items. This is referred to as "tenants in common". He used to own the other 1/2 now it's owned by his estate. The first problem is whether you or his mother, can prove who bought it. Obviously, if it's on your credit card statement it appears that you own it completely but if he wrote you a check the next day for 1/2 the purchase price, then that's evidence that it was bought together. Lay persons often say "Possession is nine-tenths of the law." That's not strictly true but lawyers say, "The possessor's claim is valid against everyone except the actual owner."The effect is that if you have possession, then the assumption is that you own it 100% until his mother can prove that her son owned it or it was jointly owned. With no receipt, that is a daunting prospect. There is often evidence that can be considered, did you have it insured? Did he have it insured? Is there written evidence which addresses ownership? For example, a letter or note? She can say that her son owned it, but you can say you owned it, so that won't settle anything. But insurance and belief that someone owned it only go so far, for example, if you now have a $10,000 Rolex, it was stolen from an unknown person and your partner paid $2,000 for it in a shady transaction. In that case, the true owner is unknown, so even if his mother can prove her son bought it, he wasn't the true owner, so she can't take it from you. My advise is change the locks and don't let them in to take anything. If the demand things, ask them to write a list that specifically identifies the items that they want (this has the advantage of 1. letting you know what they want and 2. anything they don't put on this is de facto yours, if they come back later and ask for other items, it looks like they're lying). Once you know what they are asking for, you can decide which things you're willing to give them (do you really want his old clothes, etc.?), which that you want things you can prove are yours and which things that you want but have no evidence for. Then tell them that you believe you own all the things you want and ask them why they think that he owned them. If the answer is "that clock is a family heirloom that grandfather built in 1932 and we've got pictures showing it in his house from the 1950s" then give up that item. Otherwise, tell them that they can see you in court.