Legal Question in Wills and Trusts in Florida
Stepmother died, father in a battle with her children
My father was married to a woman with 5 children, and there are 5 of us from his first marriage to our mother. His wife died 2 years ago in FL. They had a will, leaving everything solely to each other in the event one of them died. I and my siblings all live in KY, my father and the stepchildtren live in FL. They have been fighting my father over what they believe should be their inheritance from their mother. Now my father says he is making a new will to be sure that his own children inherit, and not the stepchildren. What is the law in FL? Are they entitled to inherit anything, or did everything become my father's to do with what he wished? He has raised them all, but now they seem determined to get everything away from him. Also, do wills made by attorneys in FL automatically get filed with the courts, because their original will has been stolen from his home.
1 Answer from Attorneys
Re: Stepmother died, father in a battle with her children
In Florida, if the wife's will was valid, your father should have inherited her estate outright (there are exceptions such as the homestead if there were minor children and it was only in her name, etc.).
Attorneys do not automatically file wills with the court. However, a true copy can be filed instead of the original if the original cannot be found.
Note that even without a will, your father's estate would not go to his stepchildren unless all of your father's other heirs (his children, sibblings, parents, etc.) had predeceased him. It is always a good idea to have a will drafted, however, to cover many other factors.
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