Legal Question in Wills and Trusts in Florida

Survivor Entitlement

My mother passed away in 2003. My stepfather's objective was to avoid probate for any assets acquired during the marriage. My mother was heir from her mother of liquid assets. My stepfather would not allow her to have a will. Their liquid assets were joint ownership. ie., bank accounts, money markets, etc. Can I as sole surviving decedent of my mother sue or otherwise acquire through the courts a portion of her assets that were part of her marriage either now or at the time of my stepfathers death. Is there a way to compel my stepfather to turn over heirlooms or release records of my mother financial dealings, such as her inheritance. Is there a way to sue for State law mandated portions of any tangible property acquired during the marriage, either now or upon his death. My stepfather took possession of all her things and will not have contact with me. They were married for 34 years. He raised me. I feel certain there is some way to bring to litigation or decree some sort of resolution to this where I am not totally excluded from everything. I do recall reading FSS stating I was entitled to 1/2 of property outside of the estate, which would include household assets, Please direct me towards some kind of relief. T-Y


Asked on 6/28/08, 8:53 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Survivor Entitlement

If your mother had no will and all of the assets were jointly owned by her and your step father, then he gats everything. That is the law. Even with a will, the jointly held assets would have gone to him.

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Answered on 6/28/08, 9:47 pm


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