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?
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.
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.