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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42834
Experience:  Texas lawyer for 30 years in Estate law
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My father died in florida this past week and his new wife of

Customer Question

My father died in florida this past week and his new wife of 29 years would not share the will with me or my sister. he has 4 kids all grown and I don't know our options at his point.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: florida
JA: Has anything been filed or reported?
Customer: no other then the viewing at the furneral home
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 months ago.
Category: Estate Law
Expert:  RayAnswers replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 10 months ago.

You can either wait and see if she makes application for probate or use local Florida lawyer to force her to produce it.Florid law sets time limts to file the will here.

Customer: replied 10 months ago.
what if she destroys the will. we have not seen it an she will not let us .
Expert:  RayAnswers replied 10 months ago.

If there is no will then the laws of intestacy control

If you die with:

here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants
  • spouse inherits everything
  • spouse and descendants from you and that spouse, and the spouse has no other descendants
  • spouse inherits everything
  • spouse and descendants from you and that spouse, and the spouse has descendants from another relationship
  • spouse inherits 1/2 of your intestate property
  • your descendants inherit 1/2 of your intestate property
  • spouse and descendants from you and someone other than that spouse
  • spouse inherits 1/2 of your intestate property
  • your descendants inherit 1/2 of your intestate property
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything

Here you really need local Florida lawyer to open probate, if there is a will she has to produce it, if no will t hen laws of intestacy( no will) control.

Expert:  RayAnswers replied 10 months ago.

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I appreciate the chance to help you today and am sorry for your loss of loved one.

If you can positive rate 5 stars it is much appreciated.

Expert:  RayAnswers replied 10 months ago.

The kids and spouse would split estate under laws of intestacy.She has her half of marital property and then you are splitting his half here .

Customer: replied 10 months ago.
If she and my dad had joint ownership of all assets do his children inherit anything?
Expert:  RayAnswers replied 10 months ago.

Absolutely she is going to get like 3/4 you guys split the remaining fourth, thats her half plus you split his half, kids should split a fourth here if there was no will.You might get more or less if there was a will.Odds are there was no will or she would have produced it.

Thanks for the follow up and chance to help.

Expert:  RayAnswers replied 10 months ago.

If you can positive rate here it is always much appreciated.

Expert:  RayAnswers replied 10 months ago.

Expect probate to last about a year here start to finish.