Legal Question in Wills and Trusts in Florida

Re: rights withoout a will

If the home was the residence of your father and the second wife, then the childrend cannot just move her out. She will have have at least life estate rights to remain in the property. She also has rights to one-third to one-half of the estate depending on the facts and value of his estate. I assume there was no prenuptual agreement signed. Probate of this estate will be required and the children and/or the second wife needs to retain an attorney to help sort this matter out.

Re: rights withoout a will

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This is a complicated matter that needs to be sorted out by an attorney after review of the pertinent details. You should meet with an attorney and bring all paperwork along. The new wife may have a life estate in the residence. The estate of the father will have to be probated and the rights of all parties determined.

Scott R. Jay, Esq.