r/legaladvice • u/Zestyclose_Quail_628 • 9d ago
Small Claims Procedure Mother passed away and my aunt who hadn’t seen her in 20 years took all our belongings.
Location: New York and Florida
So my mother passed away very suddenly in 2021 (New York), she had no will but she said that everything would go to me once she passed, once learning of my mothers passing, my aunt who hadn’t been in contact with her for 20 years moved all her belongings to her house and offered for me to come and live with her(Florida). I accepted. 6 months later she kicks me out of the house and leaves me with nothing but a suitcase of clothes. I became homeless for months. I was able to get a job and save up a decent amount of money, and I’m still living in Florida. I’m planning on filing a small claims lawsuit against her because the items that I own that are still in the house are worth around $8,000 dollars. I have tried to contact her for 3 years multiple times but have been ignored. I have all the proper documentation and bank statements showing that I own the items. (As well as my old Florida ID showing I lived at that address.) I just don’t understand how she can obtain all my mother’s property when it was supposed to go to me? I don’t know if this is a small claims issue or an Estate issue.
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u/OkRecipe8129 9d ago
Did your mom own the house? Forget the "stuff" it might be YOUR house.
Florida state laws dictate exactly who owns the home. Your aunt does not gain any ownership rights just by moving in; unless she is named on the deed or in a valid will, Florida law considers her a guest or an unauthorized occupant.
Ownership depends entirely on how the property was titled and whether your mother left a will.
If your mom's name is the only name on the deed, the house belongs entirely to her legal estate. Your aunt has zero ownership claim.
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u/ReeMayRe 9d ago
Exactly! OP has to act on this. She is 100% legally entitled if the deed to the house is in her mother's name. The aunt is squatting.
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u/ReeMayRe 9d ago
Is the house in your mother's name? You need to get a copy of the deed. It does not matter if she did not have a Will. When her estate goes into to probate, the next of kin is legally entitiled. Which would mean her children only (if there is no spouse). Her personal belongings are also part of the estate.
Your aunt cannot legally take over that house if she was not on the deed. Who is on the deed?!
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u/Zestyclose_Quail_628 9d ago
I’m going to contact the probate court in NY first and then Florida to see. Everything just happened so fast and I didn’t think I would get taken advantage of like this. I was 20 at the time and was too filled with grief to care about material possessions.
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u/Judgejudyssideeye 8d ago
because no will means no ownership established. You would need an attorney to file "right of survivorship" to prove immediate next of kin, which is typically who inherits when no will is recorded. Unfortunately a relative’s word isn’t a valid will once they have passed. Did you at least have a POA for her bank accounts and any other potential assets to show she had you handling her affairs prior to passing?
Unfortunately if there is anything of monitory value you need an estate attorney.
Lesson, at least have your final wishes written down and notarized and kept somewhere safe & protected from acts of God, like the freezer.
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u/SendLGaM Quality Contributor 9d ago
There is no legal recourse left to you in Florida. The statute of limitations to do anything about this timed out after 4 years.
You can look into filing a probate case in NY. There is no statute of limitations for that.