Legal Question in Wills and Trusts in Florida
No Will
My father married my stepmother approximately 35 years ago. Stepmother also had 1 son from--name removed--former marriage.
Verbally it was discussed and understood that both sons were to get 50% of their final estate (there was no will). My father on his death bed confirmed that stepmother was in full agreement of 50:50 split and that she was trust worthy and not to worry about preparing--name removed--Will.
He died in Florida, January, 2001. Shortly thereafter, step mother had--name removed--Will developed which directs over 43% of assets to my step brother, 25% to grand children and approximately 32% to me. In addition, one of the assets is the house and in the will she has provisioned for him to have--name removed--life time residence should he choose to live their. Question:
1) Being that there was no will in the 1st place (i.e. at the time of his death) is there any chance that the estate could be immediately split 1/3 to stepmother, 1/3 to stepson, and 1/3 to myself – I once heard that the courts have supported such--name removed--split – lacking--name removed--will. ?
Any insights would be greatly appreciated.
1 Answer from Attorneys
Re: No Will
The following is not meant to create an attorney-client relationship and is merely a discussion of general legal principles. It is not meant to be relied upon.
Wow! A step-mother had a will prepared for her deceased husband after he died!? This would be totally illegal and fraudulent and if it were to occur, should be brought to the attention of the local probate court's attention. Any such will would be illegal, invalid and must not be respected. A decedent who died without a valid will would have an estate subject to laws of intestate succession which split the property between the the heirs. In such cases, contact should be made with the probate court to open an estate, or better yet, with an attorney to represent the interests of any heir.
If you would like my assistance in the matter, please contact me via my website www.lawrefs.com.
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