Legal Question in Wills and Trusts in Florida

Re: only living daughters

I agree with the other writers, that you may have limited rights. Jointly-held assets pass to the survivor, regardless of a Will, by operation of law and account title. You might possibly have some claim to assets if they were owned by your mother, in her sole name. You may also have a possible claim for undue influence against your stepfather, if you could show that he took advantage of your mother during the period she was ill, by having her re-register individual assets to jointly-held assets. You would have an up-hill battle, to overcome a marriage of 30 years. This is a response to an Internet question and the reply is not intended tobe legal advice or as creating an attorney-client relationship. Omitted facts might produce a different reply.

Re: only living daughters

If in fact your mother and stepfather had "everything jointly in their names"...then there may not be any 'probate assets' that would even pass under her will....all the joint property would pass at her death by operation of law to your step-father..without the need for probate.

Re: only living daughters

You may check with the Surrogate's Office for the County in which your mother lived to find out if a Will was filed. Also ask how you may be notified if someone tries to file a Will or otherwise administer her estate.

If there was no Will, and if your mother had property separate from property she owned jointly with her husband, you are still entitled to your "intestate" [meaning that there was no Will] share. You could also seek to be the personal representative of her estate, but if you have no knowledge of her assets and liabilities, it will be difficult for you to administer the estate.

As legal heirs, you should be notified if anyone is administering the estate.

Re: only living daughters

To what the other responders have said, I add the following:

A definitive answer to your question can only be given by a lawyer who is familiar with the laws of the State in which your mother had her legal residence at the time of her death. This is the forum in which any will would be admitted to probate. The laws pertaining to the filing of wills and handling of an estate without a will differ among the States. Whereas commercial law is pretty much the same from State to State, probate and administration of estates is not. So, if you mother resided in Florida when she died, your most reliable advice would come from a lawyer who is admitted to practice in Florida.

See also: http://info.corbettlaw.net/lawguru.htm