Legal Question in Wills and Trusts in Florida

father passed 2 months ago in Florida. step mom will not give us copy of will. do not know who the attorney was that did the will .her son said to a friend of theirs they are selling the house. her name is on deed but not mortgage and if she does not produce a will then its like there's no will right? so are his biological children entitled to half of what she sells house for under Florida law?


Asked on 12/28/17, 11:36 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Not enough facts to answer your inquiry. If her name is on property as joint tenant by entireties or survivorship, you can check this on property appraiser website, than the property transfers to her upon death. You have no claims. She is under no obligation to produce or probate a will unless your father had personal assets he owned at the time of his death. Beyond that you would need more information to determine if you have any rights.

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Answered on 12/28/17, 12:14 pm

In Florida, the will should be deposited with the Court in the county where your father last resided. Florida Law states that the will should be filed within 10 days of a person's death but that typically is not done unless probate is necessary. The title to the house will prevail over probate (in other words, if the house was titled as husband and wife or homesteaded, then the house will go to your fathers surviving spouse). There may be other property you are entitled to, however, such as: bank accounts, financial investments, life insurance policies, personal property, etc. As an heir, you can petition for probate if you believe such property exists. I recommend you consult with a probate attorney immediately to preserve your rights and to discuss the possibility of securing a curator to preserve personal property.

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Answered on 12/29/17, 1:40 pm


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