Legal Question in Wills and Trusts in Florida

My Mother died in 2005. Her husband said she didn't have a Will. I'm not so sure. She has 3adult daughters (none related to him) anyway, the house is in his name now, was he supposed to inherit it all? Now he is going to give it to 1 of the daughters. Do we sit by and let it go? This seems unjust. Please advise. Maybe statute of limitations has run out? This is in Florida. Thank you, Jen


Asked on 4/07/16, 12:53 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

If they were both on title, upon her death the survivor was sole owner.

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Answered on 4/07/16, 5:25 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

If they owned the house as joint tenants by survivorship or entireties, than he became the owner at the time of her death. The existence or non existence of a will is irrelevant. if your mother had wanted to protect some interest in the home to pass to the daughters she could have created a trust or other instrument specifying this. without more information it appears you have nothing you can do. Sorry for your loss

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Answered on 4/07/16, 6:17 am
Lucreita Becude Lucreita D. Becude, P.A.

I disagree with my colleagues. You said HER husband - so this is a step dad? If she did not leave a will then he is only entitled to one-half of the property and the remainder to the lineal descendants of your mother the other half. 732.102(3) Intestate Succession of the Probate Code of Florida

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Answered on 4/07/16, 7:46 am


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