Legal Question in Wills and Trusts in Florida

Potential estate dispute...
This question is for my girlfriend. Her father passed away a couple of years ago, and any inheritance was the least of her worries. Her stepmother has evaded her on the issue. In the absensce of a will, isn't my girlfriend entitled to something as the only child of her father?What bearing would it have on the issue if her stepmom is the executor of the estate? Is there a statue of limitations on an estate dispute?Thank u!

Asked on 4/04/08, 7:05 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

0 users found helpful

0 attorneys agreed

Re: Potential estate dispute...

I think the initial answer to this question is probably wrong.

The fact that the stepmother is the personal representative is irrelevant.

Whether the daughter is entitled to anything depends on the value of what is in the estate. If there was less than $60,000 in the estate, then the wife gets all of it. If there is more than 60K, then the wife gets the first 60K and one half of the rest, with the sole daughter getting the other half. See the following statute:

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 there are surviving descendants of the decedent, all of whom are also lineal descendants of the surviving spouse, the first $60,000 of the intestate estate, plus one-half of the balance of the intestate estate. Property allocated to the surviving spouse to satisfy the $60,000 shall be valued at the fair market value on the date of distribution.

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

Answered on 4/05/08, 11:05 am

Mark as helpful