Austin, TX asked in Estate Planning and Probate for Florida

Q: My dad's wife just passed. Their house was titled to her, and her family claims it's her estate, and they get it now.

The house is titled to a trust in her name. They moved out 2 years ago, and her son lives there now. It represents half of their remaining worth. Also, just before her death my dad withdrew $25k form his 401k, and she bought a car, which is in her name. They also took out several thousand dollars from a joint account when her death became immanent. Also my dad has dementia since about 5 years ago. He's coherent by can't remember past 10 minutes or so. Also, one of her sons is an attorney.

My dad brought far more financial assets to the marriage of about 30 years, maybe 75% or more.

We're concerned my Dad will have enough to live on, and it seems wrong that a large part of their nest egg go to her kids while my dad lives. At the very least they should have to wait until he passes to get their mitts on it. What can we do about it?

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1 Lawyer Answer
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Estate Planning Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: Your dad has legal options. Too numerous to list here. You need to consult with a probate attorney asap from the area where your dad resides.

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