Seffner, FL asked in Probate and Estate Planning for Florida

Q: How can a judge let my deceased brother wife have everything after my uncle was trustie and now she is and not notify

Any beneficiary of the will. What is the first step I need to do because I don't agree with this and I'm the next hier in will.

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: A spouse has substantial rights no matter what a Will or Trust may say in many instances, under Florida Law a Spouse is entitled to minimal sums via spousal share, homestead, exempt property and so forth, no matter what a Will may say, If the Will or Trust left everything to the spouse, she will get all the assets. You may want to have the Will/Trust reviewed but be aware of the statutory rights of a spouse in Florida unless they signed a pre- or post-nuptial agreement waiving rights at some point. You will need a Florida Probate Attorney and if this is a matter to be pursued through some perceived litigation potentially for wrongdoing, then you will want a probate litigation attorney, your starting point, probably to have any Will and or Trust and the probate documents reviewed to see if you have any standing to make any claims under Florida Law.

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