Legal Question in Wills and Trusts in Florida
Surviving Daughter's Rights
Do I have any legal rights against my dead mother's spouse in the way of half her estate? I was never adopted even though I was told to use his last name when I was a child. My mother passed away in Florida, October 2003. There was a will made out before they went overseas back in 1981 or 82 up in Cincinnati.
1 Answer from Attorneys
Re: Surviving Daughter's Rights
If you mean that you were never adopted by your mother, you do not have any rights to her estate, at least not as a lineal decendent. If you mean that you were never adopted by your stepfather but your mother was your biological parent, it depends.
If the will is valid and its provisions do not conflict with Florida law, then the provisions will prevail. If the will, for some reason is not valid, then intestacy statutes will prevail and in this case, you and any sibbling should share 1/2 of the estate.
I hope this helps.
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