Legal Question in Wills and Trusts in Florida
will/no will
My father passed away a few years ago. My stepmother is now in ill health. She married my Dad 54 years ago and all property is now in her name where she lives in Ohio. She is adamant about not having a will. She has a sister and niece. Would I be the one responsible for her care and business now, which I will be glad to do for her, and am I the one who would be called her nearest relative or the sister and niece to inherit the property? Thanks so much.
1 Answer from Attorneys
Re: will/no will
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You will need to provide further facts. Most importantly, what is you legal relationship with your stepmother? Did she ever adopt you? If not, her sister may be her primary beneficiary and not you.
I think you need to have a heart to heart talk to her and let her know that you may be shut out of any inheritance if she does not write a formal will. It will allow her to decide what will happen with her property should anything happen to her. She should also execute a Durable Family Power of Attorney and designate a health care surrogate to make decisions for her is she is not longer able. She should discuss all of these items with an attorney of her choice.
Scott R. Jay, Esq.