Legal Question in Wills and Trusts in Florida

Old will, newer step mother, questions

Our Father recently passed away suddenly. He was in the process of creating a new will, but it was never completed. I have found an old will he created while our mother was still alive, & he had since remarried. Step Mother's name is on the mortgage, but the will leaves the house to my brother & I. While we have no intention of kicking her out, etc. What are our rights in keeping the house? There's also cash, investments, life insurance, etc. but we have no real interest in those things. The life insurance is written to her anyway. All other accounts are in joint name, do we have rights to those as well? Just trying to collect as much information as possible so we can plan things accordingly.

Thanks!


Asked on 1/15/06, 6:39 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Old will, newer step mother, questions

As a pretermited spouse she has a right to a share of the estate.

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Answered on 1/16/06, 5:37 am


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