Legal Question in Wills and Trusts in Florida

This is kinda of a complicated story...My died April 2009. He has two children (myself and my sister- we are both young adults). He was married to my step-mother and the time of his death (they have no children together). She has everything of my father's including things of my paternal grandfather's that should now belong to my aunts. I'm not completely sure of all my father's assets (I was only 20 when he died), but he worked for the State of Florida and I know that he had at least a life insurance policy. When I called personnel at his office they told me that he no beneficiaries listed. My step-mother has cut me off completely including kicking me out (fine with me). Is there any way that my sister can find out if we entitled to any of his life insurance policy and do we have legal recourse to get any of the physical things back? Our biggest problem is that we don't really have any money for a lawyer (my sis is still in college and I work part-time) is there ANYTHING we can do??


Asked on 1/28/11, 3:29 pm

1 Answer from Attorneys
Richard Kaplan

It depends upon if your father had a Will and a Pre-Nuptial Agreement.

If there is no Will then, except for certain exempt or homestead assets, all probated assets are split, half to surviving spouse, and half to children.

If there is also a Pre-Nupt, then more could be assigned to the children.

You need to consult with an attorney to figure out a proper course of action. Maybe one might give you a free consultation, and work out something if they think there could be something to do.

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Answered on 2/08/11, 3:27 pm


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