Legal Question in Wills and Trusts in Florida

Re: Are children entitled to inherit money after the passing of a parent when th

In Florida, assuming there is no will, you should receive a share of the "probate estate." The house you speak of may not have been in the probate estate. It is possible and likely that the house was held by your father and his new wife jointly with a right of survivorship. If that was the case, the house is now hers by operation of law and ourside of the probate process. If your father had bank accounts or brokerage accounts solely in his name, you should get a share. Likewise, if there was insurance withour a beneficiary, your siblings could share in those funds. However, if all his assets and accounts were held jointly with right of survivorship with the new wife, there may be nothing for you and your siblings.

Re: Are children entitled to inherit money after the passing of a parent when th

If the house and other assets were held jointly or "by the entireties" with your step-mother, everything automatically went to her at your Dad's death. Anything that was solely owned by your father will be distributed according to intestacy statutes. This would leave 1/2 to the new spouse and the second half to you and your siblings equally, after debts and expenses are subtracted from the estate. Hope this helps.