Legal Question in Wills and Trusts in Florida
Stepfather's Will
Without being able to go into specifics, my mother's husband my stepfather) died over 23 years ago. Before he died, he had investments, personal property included in a trust. When he died he had a will that supposedly indicated that my mother would inherit their home (since it was in his name only during the time they occupied it.) The lawyer who drew up the will directed my mother to put the house in her name. She did, and has been paying taxes, making repairs and taking care of her home now for the 23 years since he died. Even though his daughter from a previous marriage was given both money and property at the time of his death per the execution of the will, she believes now (23 years later) that she is entitled to 75% of my mother's house when she dies. My mother has a will that indicates that the house will go to her children upon her death. Does the daughter of my mother's late husband have a case?
2 Answers from Attorneys
Re: Stepfather's Will
No case -- as long as there was a will that did have the house passing entirely to your mother. Make sure your mother has a will.
Re: Stepfather's Will
It is very hard to say without revieiwng the documents involved (the will and the deed primarily, assuming the house was not in the trust). His daughter must be relying on something, and you may not know what or be able to evaluate it until the situation acually comes up.
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