Legal Question in Wills and Trusts in Florida
My husbands father passed away in 2005 leaving my husbands stepmother as surviving spouse. Most/all of her asssets can be atributed to my father in laws contribution. She now has passed away never having had children of her own. The only will is from 1995 and neither acknowleges anyone or eliminates anyone. The original executor was her husband who passed away so her estranged sister was apointed. She does have living parents in their mid eighties. My question is,: Do the step children (3) or stepgrandchildren have claim to any of this estate (not being natural born?) She did have an account with a sum in one step grand childs name. That was the first step grand child born. It just seems as though it wasnt updated.
Any answers/ comments are appreciated.
1 Answer from Attorneys
It would depend. What did the will state. If your husband's father left all to his spouse. Then she is the rightful owner. When she died, if she did not change her will, then it probably stated that inthe even he did not survive, she appointed an alternate as personal representative - which must be the estranged sister. If the will did not leave anything to anyone -which I doubt - then it would go to the heirs of the step mother beginning with her parents since she had no children.
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