Legal Question in Wills and Trusts in Florida

Intestate succession is governed by statutes

732.102 Spouse�s share of intestate estate.�The intestate share of the surviving spouse is:

(1) If there is no surviving descendant of the decedent, the entire intestate estate.

(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.

(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.

(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.

Short answer - you and brother share a one half interest. However, depends on how your mom acquired the p roperty. Was this an inheritance to her and was it ever co mingled with the step dad. If it was an inheritance and not co mingled with step dad, then the property belongs to you and your brother only.