Legal Question in Family Law in Florida

My Mom died 7 years ago. Without a will. The man she married 5 years prior kept everything she had.(even old photographs of my family) I found my Mom's will. It was signed and notarized, but not filed with an atty. It stated I and my Brother and Sister were to get her things. Since then, he has sold off many of her things, there is nothing I can do about that. But some of her items are still there. (these are things, items we grew up with, not part of their marriage)

Is there anything I can do?

Still wondering in Fla.


Asked on 9/24/09, 8:03 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

What do you she died "without a will"? Sounds like she had a will.

There may be something you can do about this. As her husband, he was entitled to a portion of her estate (probably 30%), but you "kids" may be entitled to the rest. He may owe you some money. You should speak with a probate attorney, and show the attorney a copy of the will. It doesn't matter that the will wasn't filed with an attorney as long as it meets the legal requirements of the state in which it was written.

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Answered on 9/24/09, 1:59 pm


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