Legal Question in Wills and Trusts in Florida

inhertitance

Can a widow take inheritance away from deseased fathers direct children (adults) and put to her own legal adult children.

My father's widow has made a quit claim deed for the home which belonged to both of them and I understand she stays until death, but why a quit claim deed to put house to her own lineal adult children. Also she took all money from bank accounts out, and I know for fact that I was a benificiary for my father. I am the oldest of 4 children to my father. The bank was sent a letter through and attorney and the letter was passed on to the legal department of the bank corporation. The letter was recieved by bank on feb. 13, 2009. No answer yet from bank. Is this enough information, please let me know, No money can bring back my father whom I loved very much, but it is not fair for all my father worked all his life to have greed and unjust people take all away from what he wanted to share with both sides. I don't want all, I want justice served.


Asked on 4/02/09, 10:26 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: inhertitance

If the bank accounts were in the husband and wife's name, jointly, then when the husband dies all the money becomes the wife's to use as she wants.

If there was no will, she has a life estate in the house. If she executed a quit claim deed, it only affects her interest. In essence, it conveys to someone else a life estate in the house, but measured by the wife's life period not the person to whom the hose was quit claimed.

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Answered on 4/02/09, 11:22 am
David Slater David P. Slater, Esq.

Re: inhertitance

If the house was titled to both of them, it is hers.

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Answered on 4/02/09, 11:28 am


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