Legal Question in Wills and Trusts in Florida
What are my rights as an only child.
My father died in 2004, my step mother said there was only a ''living will''. I have never seen this or any other will, I am sure that there must have been one. What rights do I have to his assets. He owned a business before he was remarried, do I have any rights to that.
2 Answers from Attorneys
Re: What are my rights as an only child.
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You may be entitled to part of the estate ... will or no will.
Re: What are my rights as an only child.
A living will does not act to distribute assets. The living will tells doctors what medical actions are appropriate for end of life situations. A son does have certain rights where there is no "will" to distribute assets. That said, if all of your father's assets where held jointly with his new wife they may have passed directly to her without probate. Florida law does not require a father leave his children anything. If there was no will and there were assets that were not held jointly with the wife, she would take the first $60,000 and divide what was left with the children in equal shares. You may want to check with the probate court in the Florida county your father resided to see if any probate was opened for his estate. If you believe there was a will you might contact the lawyer you think drafted it for more information.
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