Orlando, FL asked in Probate for Florida

Q: The second marriage of my grandfather was void. I think this would make me his heir. Can I reopen his estate?

My grandfather died 40 years ago intestate in Florida and his assets were very significant. My understanding is that the void marriage makes his second wife and their son, my father's half brother, illegitimate heirs. Also my father was never notify or serve as an heir when my grandfather died. In advance you have my thanks for your answers.

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2 Lawyer Answers

A: You will need to consult with an attorney to discuss the details surrounding the determination that your grandfather's marriage was "void" and any probate proceedings that have been initiated since his passing. It's possible, but there are many factors that need to be considered and carefully reviewed that cannot be addressed in a web post. Best of Luck! Jennifer

1 user found this answer helpful

A: Your situation will be extremely fact specific and complex. You need to consult with a probate attorney in or near the county where your grandfather's probate was conducted to get an evaluation if whether it is feasible. My initial thought is likely not but you need to get an in-depth review.

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