He had 3 children total, but none with his new wife. There are condos, a house, cars, a boat, a retirement fund, and exempt property involved. His surviving spouse says there was no will and started administration of possessions through her lawyer and sent us a letter notifying us of it. Could she have destroyed the Will or hid it? Are assets and realstate going to be distributed by the state or should we hire a lawyer to see that is done properly? Thank you.
No attorney can answer whether or not someone "destroyed" or "hid" a Will. Probate administration is the process by which a decedent's estate is administered i.e. noticing interested parties, paying creditors and distributng probate assets to the beneficiaries. The father's property will pass according to Florida intestacy statues, because he died without a will. Here is the relevant statute:
732.102 Spouse’s share of intestate estate.—The intestate share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.
1(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
1(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.
1(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.
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.