Legal Question in Wills and Trusts in Florida
My mom died 11 years ago and my stepfather just passed away in January. They owned a house. The deed was in my mom and stepdad's names. However, the mortgage was refinanced after my mom's death so it is in my stepdad's name only (deed never changed). Neither of them had wills. My mom had a daughter with my stepdad but she unfortunately passed away in October. She had a traumatic brain injury before she died so I was her legal guardian through the court in IL (if that matters at all). I am my mom's only living child. My stepdad had a son (his only living child) but he is in prison in IL until at least November 16, 2016 when he may be released on parole until November of 2018. I am currently in IL but in a week, my son and I are moving to FL into their house. I know I have to contact a lawyer at least but what rights do I have if any? Is the house legally as much my inheritance as my stepbrother's? Does it matter who died first or that my stepdad is the only person on the mortgage? I have been advised to try to get my brother to sign a POA so I have contacted the prison but I'm not sure yet if he is willing to sign one. What if he wont? What happens to the assets only in my dad's name? Do I have any rights as the stepdaughter? I am so lost, I don't know where to begin. Any advice you could offer would be greatly appreciated! My stepdad has been my ONLY dad for the last 30+ years of my life but unfortunately when he tried to legally adopt me, my real father showed up just long enough to object. I know that he's always thought of me as his daughter but I don't know how this will affect things now that he's gone, especially since my mom died 11 years before him. I will be anxiously awaiting your advice. Thank you!
2 Answers from Attorneys
If there were no wills . . . . ouch . . . this will show why people should have wills. If the house was owned by your mother and step father as joint tenants with right of survivorship or as tenancies by the entities (as is likely), then the house became your step fathers when your mother died. When he died, if he has no will, then the house will be inherited by his children. Since you were not adopted, that would mean it goes to your step brother. Bummer.
Not true. When your mother died with no will you as a lineal decedent are entitled to one-half of the estate: ie Probate Chapter 732 Intestate Succession and Wills. Under 732.102 (3) If there are one or more surviving descendants of the decedent (which was your mother) who are NOT lineal descents of the surviving spouse (your step-dad) one-half of the intestate estate.
Therefore at the time of your mother's death you inherited one-half and your step dad was only entitled to one=half. When your step dad passed, his one-half went to his children. If his daughter had children then they take her share.
Related Questions & Answers
-
Is an unsigned will actionable? Asked 2/28/16, 3:47 pm in United States Florida Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
