Legal Question in Wills and Trusts in Florida
My mother was married 34 years to my stepfather in Florida. She passed. He lives. She had no will. All of their accounts and physical assets were joint. They contained the "or" word except for the house which contained both parties as joint owners. I was never notified of anything from the court concerning probate. I am the only surviving child of my mother.
Can I make a claim here. From my understanding there is no time limit statute of limitations concerning this. Please advise of a remedy. This man will not speak to me. Thank you.
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2 Answers from Attorneys
If she had no individual assets, then there will be no Estate and no claims to pursue. the "or" word is not the operative issue. The question is whether the assets were all held as joint tenants with rights of survivorship or entireties. If so, they pass on death automatically to the survivor.
You have nothing to claim because of the way the assets were titled-sorry for your loss.
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