Orlando, FL asked in Probate for Florida

Q: I am the only child my father died three weeks ago and his wife is asking me for money I don't know where to start to lo

Looking to see what I have inherited I don't have any papers either need help my dad left a property that he always said that it would be mine when he passed away now his wife said it's hers they've been married since 2001 and the property was bought before they were married when he was with my mom

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3 Lawyer Answers
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Probate Lawyer
  • Fort Lauderdale, FL

A: You need to see a probate attorney in your area. If your father did not leave a will then the assets may be split between you and his surviving wife. If there was a will there will might be a different split of property.

Phillip William Gunthert and Mr. Long H. Duong agree with this answer

Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: This forum is for questions of a general nature. For personalized advice you should consult with an attorney. There are not enough facts given in your post to address your concerns. For not thing, you did not say whether he had a will, and if he did, there is not enough space in this forum to type in the entire will for review.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss on the passing of your father and please accept my condolences. Either you or his spouse (I assume his second wife) will have to hire a Florida Probate Attorney and do a probate. Why she is asking you for money presently is beyond me. You will want to look at the deed of the property, it may pass by operation of law based on the way that the property is presently held or it may go through probate or (most likely, a petition to determine homestead may need to be filed). Your dad's Will should determine who receives what, if there is no Will, then the Florida Intestate Statutes (without a Will) shall determine who received what. A surviving spouse has substantial rights in a probate in the State of Florida and you as a child may or may not have any claims. You really have a lot that you need to sort through and address with a probate attorney.

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