Legal Question in Wills and Trusts in Florida
Inheritence rights? Do any exist
My father died in Feb. 2000..in Florida..a resident of same. His will was drafted and directed to be exucuted under laws of Michigan. I'm his only child. His spouse(not my mother)has asked for will to be executed under Fla. law. Also, to NOT disclose an accounting of assets to myself. I was given a bequest of many personal items. No mention of money to any specific person. He inherited 1/2 million in 95 from his mother. 2 Questions. Do I have any legal claim on that portion of his estate which he inherited from my grandmother? How do I assess any homestead rights?
1 Answer from Attorneys
Re: Inheritence rights? Do any exist
If your father died in Florida and was a resident of Florida at the time of his death, then his estate will be probated in Florida under Florida law. Florida law does not require that anything be left to a surviving child; however, it does protect the surviving spouse. As to your second question, at least under Florida law, your grandmother had no legal obligation to leave you any money. Therefore, unless your father was holding those funds in trust for you I do not see how you have any claim on grandmother's money.
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