Man dies leaving a significant other (not married) of 15+ years behind, daughter comes and takes all his vehicles

[Truth2024]

This is in Florida. I will be using pseudonyms for these folks. My neighbors, a couple in their 60's, John & Mary have been together for 15+ years but not married. They own the house together, recently paid off, and both names on the title. John recently passed away. The daughter of the man, Kelly, lives right down the same street with her mom/ex-wife of John. Kelly, not even a week later, in the middle of the night, takes all three of Johns's vehicles, the title to the house, along with a riding lawn mower and a bunch of other items of value. Mary was shocked by this and called the police first thing in the morning but the police told Mary there was nothing they could do (this is just what Mary told me). Mary did not drive and never has, so none of these cars were in her name, but the house was, so I'm not sure why the daughter took the title to the house. Probably to see if she could sell it leaving Mary with nowhere to live. John has other Children who may be entitled to these vehicles/items that were taken from John & Mary's house that night. Mary is an older, super sweet woman who doesn't have a fighting bone in her body and wouldn't even know where to start if she did. I told her I would do some research to see what she could do and she was very appreciative. I did see that the next of kin would be entitled to John's belongings if there was not a spouse, and considering he and Mary were never legally married, Mary would not be entitled to anything. Are there any probate laws, or anything I could give to Mary considering John has other children who may be entitled to these things? It just doesn't feel right that someone could just come onto Mary's property, and take keys and three vehicles. Thanks!

 

[Zigner]

You are correct - Mary has no claim to John's "stuff." With that said, the house is also hers (and may be entirely hers). The title to a home is not like the title to a car. Simply having a copy of it in one's possession does not confer any ownership rights.

 

[LdiJ]

You are correct - Mary has no claim to John's "stuff." With that said, the house is also hers (and may be entirely hers). The title to a home is not like the title to a car. Simply having a copy of it in one's possession does not confer any ownership rights.

I will add that Mary needs to change the locks on the house to prevent the daughter from entering the house again without Mary's permission. If Mary has any claim on any of the other things that the daughter took, then she should consider suing the daughter. Anything that was in the house might have been considered to be Mary's property if it did not have a separate title.

 

[Truth2024]

Thank you both for your reply. What about the multiple children of John's who may also be entitled to these possessions? Can one child really have the authority to claim as theirs?

 

[LdiJ]

Thank you both for your reply. What about the multiple children of John's who may also be entitled to these possessions? Can one child really have the authority to claim as theirs?

That isn't Mary's problem and she shouldn't take that on. It is up to his other children to take legal action against their sister if it's needed.

 

[Zigner]

That isn't Mary's problem and she shouldn't take that on. It is up to his other children to take legal action against their sister if it's needed.

Unless Mary is appointed as the administrator of John's estate, at which time it would be her duty to make sure that the estate is properly distributed.

 

[Foamback]

Assuming that the estate is intestate, Mary may not have standing to be named administrator.

The fact that Mary has no claim to John’s “stuff” was brought up. That is true in an intestate estate, but probably wouldn’t apply to the household “stuff”, dishes, couches, towels and shovels. The best advice is to change the locks, but give up John’s personal items if asked because that’s a battle Mary can’t win. But don’t give up the household items

 

[adjusterjack]

, the title to the house,

Look up the deed in the county records. Download a copy if you can. It will be important for Mary to know how the house is titled on the deed. Not think she knows but actually see it on the deed.

Ideally, it should read Joint Tenants with Right of Survivorship. If it does, then Mary automatically owned the home at the moment of John's death

If the deed just says John and Mary then the statutory presumption is that the property is owned as Tenants in Common which means, in the absence of a will naming Mary, John's interest would go to his children and Mary would be partners with John's children in the ownership of the home.

The above information was obtained with a random internet search so it would behoove Mary to consult an attorney to verify the comments.

 

[LdiJ]

Unless Mary is appointed as the administrator of John's estate, at which time it would be her duty to make sure that the estate is properly distributed.

True, that would be the exception to my advice.

 

[zddoodah]

Kelly, not even a week later, in the middle of the night, takes all three of Johns's vehicles, the title to the house, along with a riding lawn mower and a bunch of other items of value.

What do you mean that she took "the title to the house"? "The title to the house" is not a physical thing that someone can take.

so I'm not sure why the daughter took the title to the house. Probably to see if she could sell it leaving Mary with nowhere to live.

If the title is in John and Mary's name, then Kelly has no ability to sell anything relating to the house. By the way, do John and Mary own the house as joint tenants or tenants in common?

John has other Children who may be entitled to these vehicles/items that were taken from John & Mary's house that night.

Perhaps, but that's neither your concern nor Mary's concern.

Are there any probate laws, or anything I could give to Mary considering John has other children who may be entitled to these things?

Any property of John's now belongs to his estate. If the cars were titled solely in John's name, then they are estate property, and Mary has no interest. I'll await for your clarification regarding the title of the house before commenting further. The only other thing you mentioned was a lawnmower. Untitled property like a lawnmower is likely jointly owned. If Mary wants that back, she could probably fight for it, but the fight probably wouldn't be worth the cost. I suggest Mary take steps to prevent further intrusions by Kelly.

 

[Truth2024]

Thank you for your reply, Mary just used the word "title", it could've been any type of hardcopy document listing owners of the property. Mary isn't very knowledgeable about a lot of things. Hence why I, a neighbor, am looking into these things for her. I would have to ask her about the "joint tenants or tenants in common" but more than likely I'll just have her look into that on her own. This is very important and I appreciate you bringing this up.
This has nothing to do with the legality of things but John recently remodeled a bathroom so Mary could have a bathtub, he loved this woman very much and in the 6 years I've been their neighbor I could see this. The daughter visited often and they all always got along so it was just shocking to Mary that Kelly did all this in the middle of the night in a coldhearted way. Even if Kelly was legally entitled to these things she should've gone about it morally. I appreciate it!

 

[Foamback]

You could probably look up the title on line in about 45 seconds

 

[LdiJ]

Thank you for your reply, Mary just used the word "title", it could've been any type of hardcopy document listing owners of the property. Mary isn't very knowledgeable about a lot of things. Hence why I, a neighbor, am looking into these things for her. I would have to ask her about the "joint tenants or tenants in common" but more than likely I'll just have her look into that on her own. This is very important and I appreciate you bringing this up.
This has nothing to do with the legality of things but John recently remodeled a bathroom so Mary could have a bathtub, he loved this woman very much and in the 6 years I've been their neighbor I could see this. The daughter visited often and they all always got along so it was just shocking to Mary that Kelly did all this in the middle of the night in a coldhearted way. Even if Kelly was legally entitled to these things she should've gone about it morally. I appreciate it!

Again, encourage her to change the locks on the house so that Kelly cannot access the home without permission.

 

[andscastro4]

Again, encourage her to change the locks on the house so that Kelly cannot access the home without permission.

Yeah, Mary could have filed for trespassing if its done again

 

[commentator]

It sounds as though Mary may be somewhat limited and not aggressive. Thus I strongly advise that the most helpful thing you can do is encourage her to retain an attorney. If it turns out that she co owns the house with John's heirs, she will really need help to figure out what her rights are. If she remains passive and sort of clueless, she may also end up homeless. Does she have children or anyone who is willing to help her besides yourself? You may be able to drive her to her appoinmtment with the lawyer. But things like telling her to change the locks....well, if she's the kind of older lady it sounds like she is, that's not going to happen unless someone else takes the initiative.