Legal Question in Wills and Trusts in Florida

Re: probate information

You may not be entitled to anything. A parent can disinherit a child in the state of Florida. The determining document will be his Last Will and Testament (if any). Otherwise, his new wife may be able to receive 100% of his estate.

Re: probate information

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You do not have any automatic entitlement to anything. It is up to your father to give you whatever he likes - if he chooses to leave anything. Many parents in second marriages do not make proper provisions to take care of their children in their wills. They leave all to their spouse with the thought that the spouse will then share with the deceased spouse's family which may never happen. I often advise clients to make gifts while alive if they choose, so that they can see the person's enjoyment and to ensure that the gift is made.

Scott R. Jay, Esq.