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.


Asked on 6/10/07, 5:18 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: will/no will

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 6/10/07, 6:22 pm


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