Legal Question in Wills and Trusts in Florida

Re: Am I entitled to part of my father's estate?

If he had a will then you entitled to what the will says you are to get. It is the duty of the executor to make a good faith effort to find you.

Though you can also check in the county court house to see if his will has been entered into probate. If it has the will is a public record and you can see what if anything he left to you. In addition the name an address of the executor is in the same file.

If he didn't have a will then someone probably his second wife filed for letters of administration for the intestacy. That would be on file in the same office a will would be on file as would the name and address of the administrator.

As to whether you're entitled to any thing under the Florida intestate law that I can not say. Though as a direct descendant its likely though not certain that you may get something. You would have to either look at the Florida statutes or ask a Florida attorney.

{John}

Re: Am I entitled to part of my father's estate?

In florida of no will generally: half of probate estate goes to the surviving spouse and the other half to the issue (children) of the deceased spouse. The surviving gets to take the first $30K if she makes the election for her elective share, then the probate estate is split. Insurance is not part of the probate estate unless the estate is the named beneficiary. The surviving spouse gets a life estate in the homestead with the issue of the deceased spouse retaining the remainder interest.