Legal Question in Wills and Trusts in Florida

As it relates to the trust, it depends on the wording in the trust as to how your fiance's share will be distributed now that he has passed. In relationship to the home and any other assets your fiance had in is own name, Florida statute would see his children as the rightful heirs to his property since you both were not married yet and he had no will. if you see during probate someone else is making claim to the property, be sure to contest. The attorney is typically paid from the estate in this case.

Since you were not his spouse, you have no inheritance rights. His son does and must be protected. Retain your own counsel to see that the estate is probated properly.

As everyone else suggests, you need to hire an attorney to protect the rights of your son and yourself. Do it sooner than later. The attorney will likely wait to get paid out of the assets in the Estate that eventually pass to your son. Sorry for the loss.

Your son will receive everything that is just in father's name.

The trust assets depend on the language in the trust.

Hire an attorney right away.

You might be able to petition to become the personal representative

of the estate.