Port Saint Lucie, FL asked in Estate Planning and Probate for Florida

Q: My father passed away in 2012 in Florida and i didnt get any inheritence. What can I do?

Hello I live in Florida and my father passed away in 2012. He was married to my step mother and they had a child together and he also had a child from another relationship so 3 children 3 different relationships. I was never named as a party in the probate case and didnt get any inheritence whatsoever. What course of action can i take if any?

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3 Lawyer Answers

A: I'm sorry for your loss and I'm sure you are looking for closure. Your inheritance would depend upon whether there was a Will and the nature of the assets left. Most assets are transferred outside of probate if the accounts are properly designated and titled. It's possible there was no probate. If there wasn't a Will, the surviving spouse has the most rights according to Florida law. That's the best answer I can offer you without knowing what assets were left and how they were held. Hope it helps!

Bruce Alexander Minnick agrees with this answer

A: You didn't indicate whether there was a will. If there was one, he would have been allowed to so disinherit you in that manner. If not, you should have received an intestate share; see an attorney.

Bruce Alexander Minnick agrees with this answer

A: Since you mentioned that there was a "probate case" it should not be hard to locate the probate case file maintained by the circuit court having jurisdiction. Call the Clerk of Courts in the county where you think the probate case was filed and ask them how to get copies of relevant documents from the closed file. If you do not think you can handle this on your own, there are many Florida lawyers who--for a modest fee--will help you locate the probate case and retrieve the information you are looking for. Contact one of the lawyers who responded here; or you can use the "Find a Lawyer" tab at the top of this page to locate a lawyer experienced in locating and retrieving court files.

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