Legal Question in Personal Injury in Florida

Remarriage problems and old will

Father did 6/10/04. He had remarried July 03& they lived in their own seperate homes. My Dad's was his alone(Mom died 3 yrs ago). He sold it & was renting until closing. Buyer backed out. Now lawyer says house will be sold & she gets half. He had moved into her home during this time. She never lived in it. Is she really entitled to half? The old will only named my mother and me(only child)I am named P.R. She has orginial & wouldn't file it. She has all family property & won't work it out. Also wants to move her family into Dad's house. She admitted after his death thta she wrote out ''presigned checks to pay his bills'' Can she get half of his house accquired before marriage & never ''thier'' home? Do I get to place a claim on her house when she dies since he established her house as his home? She wouldn't let me see any of his persoal papers. He wrote me my inheriance was safe when he married but he sent me no proof. Does she get to keep property in his name only such as his cars under exempt property rules? Or his horses (partnership deal) Daughter supposely has power of attonary & didn't want to probate the will. Wife is not well. If she passes before settled will her daughters get her share? Confused


Asked on 6/20/04, 7:07 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Remarriage problems and old will

If property was held jointly she, as survivor, gets it all. If only in his name and she is not in will the property passes as per the will except she has a spouses right of election which is 30% in Florida. Suggest you retain counsel.

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Answered on 6/20/04, 7:26 am


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