Legal Question in Wills and Trusts in Florida
My father recently passed suddenly. He was married to a woman for 6 years prior. He told me after they were married that he had made a will leaving everything to me. She has become somewhat evasive since his death, and has been seeing a lawyer since at least 3 weeks after his death. He owned a house and a few other items of some worth. The Items she now says she sold before he died, and there has not been a will produced thus far. She says he had a will, but he left everything to her. She has her own home in Tennessee. His estate is in Florida. Do I have any rights?
3 Answers from Attorneys
Yes. Even if the will did leave everything to her, she is required to file it with the county where he passed within ten days. If the will has not been received by the clerk of court of the county where he died within 10 days contact a lawyer. The person holding the will that has not filed it can be held responsible for damages and attorney's fees.
Yes. If there is a will, the estate must go to probate in the county he lived in to prove its validity. You are entitled to see it.
The fact that he told you it was made does not mean it existed at the time of his death. The original is needed to probate the Estate. Interestingly enough without a will, the wife only gets 50% of the Estate, the balance is split by blood heirs. Contact an attorney and find out if the property in Florida is actually in his name. If so, then you could pursue an Estate in Florida and put her on notice of same. If she has a will she will have to provide it at that point. The reality is you may spend some money only to find out you dont have any rights.
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