Orlando, FL asked in Civil Litigation and Probate for Florida

Q: My late father left me the beneficiary of 1 of his homes -the others 2 his wife of 3 months. She took what was willed to

The will was made before their marriage and she's taken control of the house solely left to me

House was in his name.only

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2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: You did not ask a question. Is your question: "Is there something I can do legally to take control of the property that I inherited, when my late father's wife is taking control?" ? Assuming you are an adult, the answer to that question is "of course", with the sole exception being if your father named his wife as Personal Representative of his estate PLUS the property is not yet conveyed to you because the probate process is not yet completed. If the latter is the case, but you have concerns about what the wife will do with the property while it's still in probate, consult a probate attorney. If the latter is NOT the case, the wife has no rights, period, and you should consult a general practice attorney about getting her hands off the property.

Seril L Grossfeld
Seril L Grossfeld
  • Probate Lawyer
  • Fort Lauderdale, FL

A: The other issue is whether there is a will that specified whether you are entitled to receive this property. Your father simply telling you that was his intent and never executing documents to implement that intent is a common problem. You need to take a copy of the will, or trust, if there is one, to a probate litigation attorney. If there is neither a will nor a trust you should see the probate litigation attorney anyway to assure your rights are protected.

Charles M. Baron agrees with this answer

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