Legal Question in Wills and Trusts in Florida
probate estate
Biological mother deceased 18months ago. No will known at time - probate estate. Step father passes away now 18 mths later. No known will, proabably probate. What are the rights of inheritance to mothers former estate??? Also we have now found out that their was a will provided by biological mother dated 1989. Can this will now be used. Who is to receive the estate at this point and time. What are the rights of the mothers biological children at this time??? Note: The couple had no children together. The spouse never remarried.
Thanks, --name removed--
2 Answers from Attorneys
Re: probate estate
If the 1989 Will is valid and was never revoked it may be subject to probate. I strongly suggest that you hire a local attorney in your area to have him review the 1989 Will.
Re: probate estate
Answers to your questions will depend on several factors which would be best discussed in person with a probate attorney in your area. As the previous reply indicates, the will is still valid if it was properly executed and not subsequently revoked. Your rights vs. your stepfather's rights is dependent on how property is held/titled and dependent on the validity of the will.