Legal Question in Wills and Trusts in Florida

You need to check the probate records in his county of residence. If he had a Will, it would be a matter of public records. However, if all his assets were jointly titled at death, they would all pass outside probate to the joint title owner (probably his new wife).

Whether or not you are a beneficiary or not of his estate depends upon several factors. A) Did he leave a Will and if so, did he provide anything to you (if not, he must specifically have mentioned you and state he left nothing to you)? If he left no Will and no spouse, then you are his sole heir (step children are not heirs, but half brothers and sisters are), and B) Was there any probatable assets?

The next step would be to check the county where he lived for realty in the public records, and with the probate court to see if anything was filed. If you find nothing filed with the court, you could petition to be appointed as Personal Representative, which would allow you the right to search out probatable assets. You would start by getting a copy of his tax returns, which would indicate what assets he listed as getting income from.

What you really need to also do is to retain an attorney in the area that your father lived. It would help a lot.

If I can be of help, please let me know.

If he had a will, then it should have been filed with the probate court in the county where he lived. If you want to see if he left you anything in his will, then you can get a copy of the will from the court after it is filed. Contact the court. If he did not have a will, then his estate will pass to his heirs at law. The only way to transfer title to his assets is to have the estate administered in probate. Contact an attorney for more assistance. I have a blog post on probate basics at http://tiny.cc/bt2oo.

Regards,