Legal Question in Wills and Trusts in Florida
no will-stepfamily
My parents divorced 50+/- yrs ago. We were told by our mother that our father was dead. In our thirties we reunited with our alive + well father. He had remarried. He raised his new wife’s child our stepsister. My father + his wife also had a child, a halfsister. We all got along. We moved back to our home state of FL where he also lives. In December my halfsister + I argued causing a feud.
In March we “heard” our father was dying + we got there 24 hrs before he died.
We think there was no will. We found this Florida law:
*If there is a surviving spouse + lineal descendants (one or more of which are not lineal descendants of the surviving spouse), then the surviving spouse receives one-half of the estate + the lineal descendants share the remaining half.
Are we entitled to share in our father's estate? We were told he didn't have much but they own a home. We’re don’t want to throw his wife onto the street but is there a way that when she passes we are get something from the house from when our father passed? We’re sure our stepmother ran to a lawyer to write up a will for herself so everything will go to our half + step sisters.
Do we have a leg to stand on? If so what type of lawyer would we seek?
1 Answer from Attorneys
Re: no will-stepfamily
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
It is hard to understand your fact pattern. The first thing you need to do is to find out if your father had any assets in his name and/or a will. If everything was owned jointly with his wife, then she is the owner of everything now and you have absolutely NO claim to any of it. If not, then certain laws come into play. If the marital residence was owned only by your father, then the wife would still have at the least a life estate in it which you could do nothing about. I would suggest that you consult a Florida attorney to discuss all of your issues after you have some more information.
Scott R. Jay, Esq.
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