Legal Question in Wills and Trusts in Florida

How does surviving children contest a will or place a will and its contents into probate (freeze all accounts and property). My father is the sole owner of his estate in Florida, which is paid off. He remarried, and had no offspring with his second wife. it is rumored that he is leaving his estate to her in his last will. since he entitles sole ownership of the estate can we contest the will to prevent her from taking the entire estate and its contents. I will not lie that the relationship between my fathers children and his second wife is very strained as she has emotional issues. My siblings and i are looking for attorney in Florida that can represent us but need to understand our rights and ability to prevent her from taking the home away we all were raised in since birth. My father is still living but his health is begining to fail.

Asked on 9/13/09, 12:49 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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The assets are his. The money is his. Assuming he is competent, and you say nothing that leads me to believe otherwise, he has no obligation to give you or your siblings anything at all. If he leaves it to his wife -- which is not at all uncommon -- she will not be "taking the entire estate." He will have given it to her. By the way, even if he wrote her out of the will, the law entitles a wife (or husband) to a life estate in the house, the first (pretty sure) $50,000 and then a percentage thereafter (I think it is 30%).

Answered on 9/13/09, 9:39 am

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