Legal Question in Wills and Trusts in Florida
need information regarding will
I have a question regarding a Will my father and mother gave to me and my sister for when they both die. We live in Florida. On the Will, he leaves everything to my mother. Once my mother passes away, everything she has will pass to my sister and myself. My father has a son from his previous marriage, age 60. He lives in Texas. My father is not leaving anything to him. My question is the following....
Can my step brother make a claim when my father passes away ? Does he have a legal right to claim ? Can he challange my father 's Will ?
thanks
1 Answer from Attorneys
Re: need information regarding will
Based on the information provided, your father's son by a previous marriage would have no basis for asserting a claim against the estate or challenging the will. To assert a claim or challenge the will, he must show that the will does not express the intent of your father, that your father unintentionally omitted him from the will, etc. Of course, he may have a valid claim apart from the will, i.e., if your father owed him a debt, etc., however, you have indicated no such obligation. For a complete response, you are advised to consult an attorney who can review issues related to your concerns based on your situation and a review of relevant documents.
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