Kernersville, NC asked in Probate for Florida

Q: My father died 2016, I assumed my stepmom had inherited the estate. I’m in SC and was never notified by FL probate?

Should I have been notified? And is there a time limitation if I could have inherited anything? My stepmother hasn’t contacted me at all since his death. I was told that I could have been bamboozled.

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3 Lawyer Answers
Thomas Tripp
Thomas Tripp
Answered
  • Probate Lawyer
  • Pinellas Park, FL
  • Licensed in Florida

A: Hello --there may not have been an Estate proceeding -- they may have owned everything jointly for example,which us very common for my married couples, so often the first to die of a married couple is what we call a non probate event -- all the assets already have an owner.

You could contact an attorney in the county where your father passed away and have them review the Probate Court Docket to see if an Estate was opened.

Lauren Nagel Richardson agrees with this answer

Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: The better assumption is that there was no probate, because there was no need for one. If all your dad's assets were left to your stepmom OR if the property he owned at death was also owned by your stepmom, then she would have received the property at his death by operation of law. This notwithstanding, there aren't enough facts to actually answer your question. You can search the Florida county records online to determine if a probate estate was opened. You may want to contact a Florida attorney in the county in which your father resided at the time of his passing.

Sherri Stinson
Sherri Stinson
Answered
  • Dunedin, FL
  • Licensed in Florida

A: Death alone would not necessitate the filing of a probate estate. If you know the county he died in, you can call the county clerk's office and ask if an estate was ever opened. If an estate was opened and you are in the category of people entitled to notice, then yes, you should have received notice.

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