Clermont, FL asked in Real Estate Law and Probate for Florida

Q: Father died 2008. House went to wife.no will in fl.wife is not my mother. Im his son am i entiled to anything?

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3 Lawyer Answers

A: If there were any assets other than the home (homestead, I'm guessing), yes, probably.

A: I am sorry for your loss. I'm not sure what you mean when you say the house went to his wife. Was his wife on the title to the home? Typically, when someone passes in Florida with no Will and leaves a 2nd wife and there are children by another marriage, the 2nd wife is only entitled to 1/2 of the Estate. If the house is still in your Dad's name, it would probably benefit you to hire an attorney and probate his Estate. Best of Luck! Jennifer

A: You should hire an attorney. If the house was not in your step mother's name (as well as your father's) then she is entitled only to a life estate in the property - with you (and any siblings) being entitled to the home upon her death.

The important aspect of this is that you are "remaindermen" and the 2nd wife cannot sell the home without including you in the sale - which you could or could not allow to proceed.

Speak to an attorney to fully understand your rights in this "intestate" estate.

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