Legal Question in Wills and Trusts in Florida

Can you get sued over a will? My mother in law is dying of cancer. My husband has a step brother who she is only leaving $10,000 to. The rest of the money will be split between 4 brothers. they have a trust fund I believe. The step brother was adopted by her husband before they got married, so he is not related to her at all. We are wondering if he can sue us over the will once she passes? ( we live in Florida). The brothers are thinking of giving the step brother more money, but we don't know if that would stop him from suing us for more money.

thank you


Asked on 9/11/14, 6:59 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Can he sue? Yes. Will he be successful? On these facts alone, the mother can leave whatever she wants to whomever she wants. Equal shares is not required. His status as step son does not change it either way. As long as she was competent when the Will/Trust was drawn it is valid and enforceable. Seek legal help before making any decisions on the funds.

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Answered on 9/11/14, 11:02 am
Lucreita Becude Lucreita D. Becude, P.A.

I'm with Barry Stein. Good advice.

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Answered on 9/13/14, 10:08 am


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