Legal Question in Wills and Trusts in Florida

You should probably have an attorney review what paperwork you do have. However, I am going to make a couple of assumptions here; First; chances are that if the wife was able to sell the home after his death, then your father and his new wife were listed on the deed as either Joint Tenants with Rights of Survivorship or listed as what is called Tenants by the Entirety; where it identified your father and his wife as being married to each other (Joe Smith and Mary Smith, a married couple; or Joe Smith and his Wife, Mary Smith; or Joe Smith and his spouse, Mary Smith). IF that is the case then the wife got the house at his death, and she owned it outright; it did not pass by the will. And once she got the house outright then could sell it and keep all of the money from it. As far as the life insurance goes, provided she was named as beneficiary of the policy, then it's her money; and you and your sister would not have a claim on it. There may be some rights you have, but it is going to depend on what other property there is. You should make an appointment with a lawyer and review what paperwork you do have or can get (such as the deed).

If she owned the property as tenants by entirety or survivorship she was able to dispose of the home on her own. You would have no interest in the property. Only property that was in his name only at the time of death would be subject to probate. Do you know of any such assets? if not, you likely are not going to have anything to seek your share of at this time. You should speak to an attorney to fully explore any options.

Jointly held property between husband and wife automatically goes to the survivor as explained.