QUESTION
Do I have any rights to my stepfather's estate?
Asked on Mar 24th, 2012 on Estate Planning - Florida
More details to this question:
My Mother passed before my stepfather who just died january 31,While he was still here he told me I was in his will although i did not ask in what way at the time. My stepsisters ,(4 of them) did not list me as a survivor in his obit. And I already know they will say or do whatever possible to keep me from recieving my mothers things and anything from the estate which consists of a house and a van. I do not know if an attorney is handling his estate or not. Since we have lived in seperate states it would be easy for my stepsisters to simply say they don't know where I am. Do I have any rights as far as any of his property since it was jointly owned by my mother as well? Can I get my mothers things? How can I find out about his will?
1 ANSWER
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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Once your mother passed away, anything that she owned jointly with her husband became his property for him to do with as he wished. Hopefully, your mother had a will. If she left you her jewelry, it is yours and not her husband's. You can find out if either one of them left a will by calling the probate clerk's office in their county of residence. You can also file what's called a 'caveat,' which means if a probate is opened, you will automatically be notified. Meanwhile, I would call the stepsisters and mention that your mother's possessions are sentimental and ask to look through her stuff.
Answered on Mar 26th, 2012 at 6:18 PM