Legal Question in Wills and Trusts in Florida

Re: Sister in Law Mishandled and Misrepresented Estate

In general, when there is no will and no surviving spouse, the probate estate is distributed equally amoung the decedent's children (in this case your children's father). The grandchildren will only recive a distribution if the parent predeceases the grandparent. In that case they will share in the distribution that would have gone to the parent. As for the life insurance, that will be distributed according to the insruance contract and beneficiary designation. The insurance proceeds will only come into the probate estate if the estate was the designated beneficiary. The homestead real property is not considered as part of the probate estate and, unless the deed stated otherwise, by operation of law the decedent's children (heirs) will receive the property in equal shares as tenants in common. The heirs should each receive an equal share of the net sale proceeds. Since the homestead property is not part of the probate estate and is not subject to creditor claims, the sale proceeds should not be used to pay estate creditors or administration expenses (except a mortgage that was secured by the property). I do not know if it is too late to challenge any distribution (or lack thereof) as I do not know when or if the estate was probated, if accountings were filed, if the time has passed on the right to challenge distributions or if there was an order closing the probate. Therefore, I cannot definitively tell you if it is too late.