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  1. #1

    Default Mother Passed, My Siblings Fighting Over Assets

    My question involves estate proceedings in the state of: Florida

    My mother died in Nov 2006 and left no will. Her only written instructions were for her funeral, which she had pre-paid. My oldest sister had medical and financial power of attorney. Her only assets were her car (which was paid for), her checking account and a retirement fund. My siblings and I (5 of us total) all got a form from the bank managing her retirement fun, we each got an equal amount from that. The sister with the PoA kept her checking account open to pay off any bills that needed to still be paid, then closed it and divided equally the money left between the 5 of us. The only problem that has come up is with her automobile.

    I got my mother's car. She made comments before she died that I should have the car in return for driving her to doctor appts, the store and taking care of her during the day until my sister took over for the night. She did not leave anything in writing though. The state required me to get a form signed by all my siblings releasing their claim to the auto, so I could register it in my name. It took me 3 months to get all signatures (1 sister lives in Ohio, another in NC, rest in FL). After a year one of my sisters is complaining that she now wants the car. She says since my mother didnt leave a will, she is equally entitled to it.

    Was wondering if she has a legal claim to the car even though she signed the form giving up her rights.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Mother Passed, My Siblings Fighting Over Assets

    Have you already transfered title?

    If so, she has no arguable claim unless she wants to claim the release was obtained improperly.

    In truth though, each of the siblings were entitled to their share of the value of the vehicle since there was no direction given in a will.

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