Legal Question in Wills and Trusts in Florida
No Will
Hello! My dad died in 2002 in Florida! He is married (stepmom)He had no will. I am assuming that his house and property go directly to his spouse and that I have no say in the division of his estate. is this true or does it go to probate first or what?
2 Answers from Attorneys
Re: No Will
It depends how the house is titled. If no one else (only your father) is named on the deed, the house will need to go through probate. Any personal property in his name alone goes through probate as well. Life Ins. policies and other items where a beneficiary is designated does not go through probate.
If you have further questions, please feel free to contact me directly via email or phone at (407) 353-4728.
Re: No Will
Although you obviously have no say in the distribution of the estate, do not assume that the house (homestead) goes entirely to your stepmom. If her name was not on the title and you are at least 18, she only gets a life estate in the house and you and your sibblings, if any, get the remainder interest at her death.
If not already done, probate should be started in the local Florida county court. You can petition to be appointed as personal representative. `
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