Legal Question in Wills and Trusts in Florida

If everything was owned in their joint names, it all goes to her and there would be no probate.

Difficult situation. Been there w/ other clients. File a "Caveat by Interested Person" w/ the Probate Court in the county where your father died. Nominal fee involved. Call clerk for info. Ck. Property Appraiser's Offices in counties where UR father held property 2 C if in both of their names. If so, then it passes to her by right of marriage. (Entireties) If not, then you may have some rights. If there is a "Will", and it gets filed, U can get a copy 2 C what UR father left 2 whom. Ck. property appraiser 4 title to home where they lived 2 C if in Jt. names. If not, then she may have a life estate w/ remainder to his children (if no "Will.") She has a rt. to an "Elective Share" (generally 30%) if the "Will" is not more generous to her. [ 732.201 Right to elective share.�The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent as provided in this part, to be designated the elective share.] [ See: 732.2035 Property entering into elective estate.] She is also entitled to certain Exempt Property. [See: 732.402 Exempt property.] AS I said "difficult situation. FL laws favor her.

I agree with the above. the only thing that could be added is if you are aware of a Will and that someone possesses it, but refuses to file it, you could file a petition with the court to force them to file it.