QUESTION

If my mother passed away a year ago with no will and my step father is still alive do I have any right to her estate?

Asked on Dec 21st, 2016 on Estate Planning - Florida
More details to this question:
My step father is terminally ill and he has two adopted step children and they are stepping in and trying to take over everything and I was wondering if I have any right to any or half of my mother’s estate? My mother has property with both her name and my step fathers name on it. And also my step farther and my mother have no will. What do i do?
Report Abuse

1 ANSWER

Real Estate Attorney serving Gainesville, FL
2 Awards
It depends on what assets are involved and how they are titled. If everything was held jointly with your step-father/surviving spouse, then unlikely. Pursuant to Section 732.1o2(3) of the Florida Statutes, the intestate share of the surviving spouse is one-half of the intestate estate when the decedent is survived by one or more of the descendants who are not lineal descendants of the surviving spouse. However, this section addresses only the intestate estate. For example, property that your mother held jointly with her husband would not be considered part of your mother's estate and would pass to her husband; the same is true as to any accounts that may have been held jointly by them. Also, if the husband was the beneficiary of any policies, then the husband would get those funds directly. You should really consult with a probate attorney so that all the facts can be addressed and a specifically tailored response can be rendered. All the best.
Answered on Feb 20th, 2017 at 7:13 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters