Legal Question in Elder Law in Florida

My grandfather recently passed away in Florida. His second wife has refused to bury him in a plot that he purchased next to his first wife and has also refused to relequish property that was his first wife's and his mother (i.e. my biological grandmother and great grandmother). These items are of sentimental value and not worth much, but due to the strained relationship with the step-grandmother, she has refused to provide these items to me for distriburtion to the great grandchildren. Of importance, there was no will and my grandfather had Alzheimers.

Asked on 1/09/10, 7:54 am

2 Answers from Attorneys

Leon Ferraez Ferraez, LLC

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There is no simple resolution to your problem. A Will directs how one wishes their assets be distributed; and without one, assets are distributed per the Florida Statutes (see FL Statutes Chapter 732). The surviving spouse will get a certain amount, then the descendants are eligible for any remainder amount.

Without knowing estate values and other facts, it's hard to be specific. But, as you imply, the items you want are of little fair market value. Depending on whether the entire estate is valued at an amount greater than $60,000; you might have recourse through the probate court. If not, you may be able to pursue matters in the probate court; but from an economic standpoint, the costs might outweigh the benefits.

Answered on 1/14/10, 8:13 am

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