Legal Question in Wills and Trusts in Florida
Inheritance Rights
My mother purchased a condo in her name only --name removed-- Eleanor)in 10/98 in Florida. In 06/00 the deed was changed to--name removed-- Eleanor Life Estate and Regina, Alison, L. (my sister, her daughter). My mother passed away in Oct 2004 and I was not notified of her death. I found out when i went to visit her in the assisted care facility she was in, and was told she passed 1 month prior (I was a NY resident until April 2005). I made regular visits to Florida on the order of 1 weekend every month to visit her. The home where she was in did not permit telephones in the resident's rooms. The home told me they were under legal orders by my sister not to notify me. And because of that, they did not call me even though they had my phone number. Something about HIPAA Laws. I don't know if my mother died with a will or not. Those things were not discussed. The only reason I knew how the apartment was deeded was, someone showed me the Broward County Property Appraiser website and we looked up the history of her property. My sister sold the condominium in Dec 2004.
Do I have any legal claims to any part of my mother's estate? My sister and I are estranged, and have been for many years.
2 Answers from Attorneys
Re: Inheritance Rights
1. The estate, if any, yes.
2. The deeded house, no.
Re: Inheritance Rights
In Florida, a parent is not required by law to leave anything to any of their children in their Will. If a parent with no Will dies, a child does have a right to share in the probate estate by statute. I suggest you check with the local probate court and determine if any probate was opened and if any Will was filed. It may well be that your Mother did not indend to leave you anything. On the other hand, situations do occur where one child takes advantage of an elderly parent to the detriment of other siblings. If you feel your mother was taken advantage of, you may want to talk this matter over with a Florida attorney. Your mother's capacity during the last few years of her life and any knowledge you have regarding the condo and other assets she held would be important.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
