Legal Question in Wills and Trusts in Florida
Rights of children after death of father who remarried
My wife's father recently passed away in February. My wife's mother passed away 12 years ago. My wife's father remarried 10 years ago. My wife has two other siblings. Years ago, her father stated that upon his death, half his assets would go to his new wife and the other half would go to the three children evenly(my wife and her brother and sister). I do not know what his will stated but we have not heard anything yet regarding his will and the distribution of assets. Should we have heard by now? It is 4 months since his death. What action can we take? We are assuming that his wife is the executor of the will.
3 Answers from Attorneys
Re: Rights of children after death of father who remarried
Ny condolences on your loss.
A will becomes a public record and available for any person to review when it is filed with the probate court. Since the deceased passed in February, the will should have been filed by now. The will should be filed in the probate court of where he lived.
If it has not yet been filed, then it might be best to contact the surviving 2nd wife and think about hiring a lawyer.
You are welcome to a consultation for no fee. Email is best to make an appointment.
Re: Rights of children after death of father who remarried
You may want to contact the probate court in the county where your father resided to see if a probate action was opened. If there is an open probate, any Will that has been filed is now a public record and you may obtain a copy of it from the court. I also think you or one of your siblings should contact the suviving spouse to discuss this matter.
Re: Rights of children after death of father who remarried
I agree with the comments of Kelly Henderson. I would add that in the event you do not receive a response, you may consider obtaining an order from the Surrogate's Court directing your father's wife to produce the Will.
If your father lived in the New York City area, please feel free to contact me if you need my assistance.
All the best.
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