Hudson, FL asked in Civil Litigation, Estate Planning and Real Estate Law for Florida

Q: My father passed in 2016. I have not talked to my stepmother since. What are state laws for inheritance?

2 Lawyer Answers

A: You need to speak with a Florida Probate Attorney in order to provide additional details and specifics of the circumstances. It has now been 5 years, someone should have contacted you long ago if there was a probate and you were named in the Will/Trust/Deeds or on any other accounts and or assets. A parent has no obligation whatsoever to leave anything to an adult child and they can do as they please if there is a Will. If there was no Will, then the answer is different if the accounts were not jointly owned or listed with rights of survivorship, etc. If you were to receive anything, you should and would have been notified long ago. A surviving spouse even without a Will has substantial rights in Florida and in most states, but especially so in Florida. There is no way to tell for sure unless you are able to provide additional specific details for review.

A: I would need additional information in order to provide an accurate answer. Did your father have a will? Was a probate done of his estate? If your step mother was the surviving spouse, she was entitled to receive some benefits. Was there real property involved? You really need to speak to a probate attorney to get definitive answers.

Ellen Deutsch Taylor

Estate Planning Attorney

727 365-3121

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.