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.
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.
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.
