Undersigned is licensed to practice law in 3 states (Florida, Colorado, and Massachusetts).DYING WITHOUT LEGAL DOCUMENTS
During the past few years the following correspondence follows more and more telephone conferences after surviving partners are left out in the cold. This is especially shocking when the parents of a Deceased Partner were especially warm and loving to the surviving partner until the moment their son or daughter died and everything changed.
Following is a typical, unfortunate letter or e-mail which undersigned drafts more often than he should, to address the situation of a partner dying without legal documents (i.e. last will, life estate deed, etc…).
“According to the Clerk and Recorder records undersigned counsel was able to access, it appears that relatively young Deceased Partner titled the real property in which you lived with her or him for 10 or 20 years solely in their own name. I researched the records and was unable to locate a deed more recent than 1998 (attached).
If Deceased Partner never executed a last will (died without a last will aka intestate) and never executed a more recent real property deed conveying an interest in real property to you, then such property (your house) passed as follows:
1. Deceased Partner’s lawful surviving spouse - even if you had married Deceased Partner in another state, such marriage would not have been recognized in Florida and the property would not automatically pass to you unless Deceased Partner had executed a deed or last will devising the property to you (undersigned counsel drafts such documents for partners regularly); IF NONE, then to:
2. Deceased Partner’s lineal descendants - if Deceased Partner had no lawful spouse but left kids or grandkids, they automatically inherit Deceased Partner’s real property (i.e. the house you lived in with Deceased Partner for 10 or 20 years) unless Deceased Partner executed a deed or last will devising the property to you (Please note that you are no longer authorized to open any U.S. Mail delivered to your address which is intended for Deceased Partner since they apparently left you no written authorization permitting same); IF NONE, then to:
3. Deceased Partner’s parents equally or the survivor of them - if Deceased Partner had no lawful spouse and had no kids, then Deceased Partner’s parents share equally, or the survivor of them, inherits the house you have called home for 10 or 20 years, unless you are able to locate a real property deed or last will devising such property to you.
Undersigned counsel can NOT represent you without a written fee agreement signed by both of us. However, in order to assist you undersigned counsel needs you to locate either a last will or real property deed reflecting your interest in such property. Without such document(s) you might consider taking all of your personal property and moving sooner than later unless Deceased Partner’s parent(s) is/are willing to permit you to continue to live in a home which, given the information you provided, appears to now be theirs.
Those who do nothing, actually let the state decide. In this case, if the facts as stated herein are true, Deceased Partner, by doing nothing other than making a few statements to neighbors and friends that you get everything, decided to leave their property to Deceased Partner’s parents instead of to you. Deceased Partner’s statements to your neighbors and friends, without written support of properly executed legal documents, were of no legal significance. Doing nothing (not retaining legal counsel to draft a last will or property deed) results in lawful heirs inheriting property and such definition excludes partners.”
The above is tragic.
Hire an experienced lawyer to counsel, draft and oversee the execution of your legal documents today!!!
Jonas Urba, Esquire
Central Florida Law Office of Jonas Urba, P.A.
www.LGBTwills.com
(813) 390-7787
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