Can the estranged wife claim vehicle exemptions from my brother's estate?

Full question:

My brother was going through a divorce at the time of his sudden death. No will. He was separated over 2 years , divorce paperwork was in the courts. One son, 20 years old, has hasn't lived with his father for a year. His separated wife has moved on and has been living with someone for 3 years as was my brother, he had been with his girlfriend over a year. I understand that she is entitled to 100% of the estate, which is upside down, under $7000 in assets total and much debt. She seems to think that he was hiding assets and refused to sign a waiver of rights. I believe she was tipped off that his girlfriend's vehicle is under his name and has some sort of vendetta. She has threatened to get a lawyer and is the litigious type. The car is upside down if it needs to be paid off. There are two other vehicles, one paid off van, worth under a thousand dollars that is titled in his name, but it is his girlfriends truck, and my brothers vehicle, which is also still under a loan, but it is not upside down. As a sibling, I am going to file to be personal representative. If I become personal representative, I plan on liquidating the vehicles to put money toward the estate, but also so that they get to their rightful owner. Sell the van to the girlfriend and put the money in the estate, and have her buy the (upside down) car she_'s driving outright. My brother's car I will sell to put money back in the estate. Can she stop me from doing any of this if I am the personal representative? I am filing paperwork that does not include a vehicle exemption. With regard to vehicle exemption, the 2010 law states: Two motor vehicles as defined in s. 316.003(21), which do not, individually as to either such motor vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedents name and regularly used by the decedent or members of the decedents immediate family as their personal motor vehicles. My brothers estranged wife and son did not live with my sister, therefore they did not use these vehicles as their personal vehicles. Is there any way that she can come back to make those vehicles exempt? What is the intent of the law?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Florida

Answer:

The statute on exempt property aims to protect certain assets from creditor claims against the estate and to ensure that the surviving spouse or children receive a share of the estate. The key points are:

• The vehicles must be titled in the decedent's name.
• They must have been regularly used by the decedent or their immediate family as personal vehicles.

The estranged wife may have a claim to exempt property, which includes two motor vehicles, as outlined in Fla. Stat. § 732.402. However, since your brother's estranged wife and son did not live with him, they likely did not use the vehicles as personal vehicles. This could limit her ability to claim exemptions.

If you become the personal representative, you can liquidate the vehicles to benefit the estate and return them to their rightful owners. However, the estranged wife may attempt to challenge this, especially if she believes there are hidden assets. It's essential to follow the legal process and document everything to protect your actions as personal representative.