Assuming that the assets are solely in the wife's/decedent's name and it is not Homestead, the property will be subject to probate. If the lot fee is not paid, the remedies available to the owner of the lot or the Association, as the case may be, may be pursued. You will need to review whatever the agreement is regarding that. The brother should not have any personal liability going forward (if what you say is true about title and other agreements being in the wife's name only). As for the "living will," that is not the same as a "will" or "last will and testament". The "living will" typically addresses end of life medical decisions and whether the individual should be kept alive through artificial means. You will need to find out if there is a "will" for the decedent and try to determine who the heirs are and how the property is supposed to be distributed.
This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.
Answered on Jun 11th, 2012 at 1:51 PM