Legal Question in Wills and Trusts in Florida

My Daddy passed away suddenly leaving no will that we know of. He is my stepfather but for all purposes under God and man has raised me and been my dad since I was 7. I have a birth sister. Our mother was married to him for 25+ years. I have a stepbrother and a halfbrother, they are his biologically. Now my step brother is trying to tell me that according to Florida law That only he and my halfbrother have any rights to making decisions concerning my fathers small estate. Is this true?


Asked on 5/17/11, 7:44 am

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

If your father left no last will, any estate will be distributed according to Florida intestate laws. Depending on his descendants and other factors, your mother as his wife is entitled to a share of any estate, perhaps one-half. The law of intestacy is complex; you and your mother are best served to discuss the details with lawyer experience in probate law.

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Answered on 5/17/11, 8:09 am

Adding to Mr. Martin, it may be true that you do not stand to inherit directly.

The only exception may be a concept called "virtual adoption." However, it is very complex and it is not possible to advise whether it applies to your situation.

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Answered on 5/17/11, 12:52 pm


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