Legal Question in Wills and Trusts in Florida
Contesting probate when the deceased had no will.
My mother was killed last March. She had no will. She is survived by two daughters and a husband. This was her 2nd long term marriage. The first was to my father. During the uncontested divorce between my mother & father, there was a verbal agreement concerning the family home. She was to keep the house with the intention of passing it on to myself and my sister. I assume that the property in question now belongs to my step-father. What recourse, if any do we(myself & my sister) have in obtaining this property? What if my step-father refuses to draw up a living will promising the property to us upon his death? If he remarries, how can we assure that the house & a few other items(which where my mothers before the marriage) not go to the new wife?
2 Answers from Attorneys
Re: Contesting probate when the deceased had no will.
Sorry but the verbal agreement is not worth the paper it is not written on. All agreements regarding real property must be in writing.
Re: Contesting probate when the deceased had no will.
Unless your mother put your step-father on the home by signing and recording a deed (can be checked by going to the county's property appraiser's website), or made a valid written will leaving the home to him, it would pass life estate to him and on to the children at his death (which would require a probate court to make that determination). However, if she did either of these, it would pass to him outright, and the children are out of luck if he does not want to leave them the home at his death. By the way, a LIVING will is a document saying not to keep you alive unnecessarily when death is imminent and there is no chance of recovery.
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