Legal Question in Wills and Trusts in Florida

Florida inheritance law
My father-in-law passed away 6 years ago shortly after remarrying. They moved from Massachusetts to Florida within months of the marriage. He wrote a new will in Florida leaving everything to his new wife and nothing to his 3 children or 8 grandchildren. What happens to his property (home and possessions) upon her death? Do his heirs have any legal claim to the estate at that time? There was also a class action lawsuit included in the will that named his wife and the 3 children. None of the children received any money from the lawsuit. What happens to that settlement upon her death?

Asked on 8/30/08, 9:08 am

4 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Re: Florida inheritance law

In most if not all states, the plaintiff in the suit recovers, and if the plaintiff dies, and there is a recovery, the recovery should go into the person's estate. If the estate has been probated, you may need to reopen or file for another probate.

For this you would need to re-post, assuming Florida has probate jurisdiction, for a Florida attorney.

Answered on 8/30/08, 9:28 am

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Alexandra Golden Golden Law Center

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Re: Florida inheritance law

If your father-in-law permanently relocated to Florida, his will -- and the ability to contest it -- is governed by Florida law. Generally speaking, assuming that the Will was drafted and signed in accordance with Florida law, unless you have strong evidence that the decedent was not competent or was improperly influenced to make the changes he made, you will have a difficult case. Nonetheless, it is important to consult with a Florida probate attorney concerning whether the children have any rights.

Make sure that in consulting with the attorney, you provide a copy of the will, as that document may show technical problems that could lead to a stronger claim.

Answered on 8/30/08, 9:46 am

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