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My daughters husband died 7 yrs. Ago made a will leaving…

Customer Question
My daughters husband died...

My daughters husband died 7 yrs. Ago made a will leaving everything to my daughter,she never filed the will, now she has died and I am unable to find the husbands will. 20 yes. Ago he made a will leaving everything to his aunt, now she is wanting to see new will and I can't find it .don't know what to do.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Fl.

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My daughter has a will leaving everything to me, I am her mother

Submitted: 5 months ago.Category: Estate Law
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Answered in 4 minutes by:
2/6/2018
Estate Lawyer: RayAnswers, Attorney replied 5 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,242
Experience: Texas lawyer for 30 years in Estate law
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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.

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Estate Lawyer: RayAnswers, Attorney replied 5 months ago

So here if the will cannot be found you will need a lawyer to make application for intestate( no will) probate of the husband.Honestly his share will pass to his side of the family.You may claim your daughters half of marital property here.

You are going to need a local probate lawyer to sort this out, there is a double probate here for husband and then daughter.It is possible lawyer can locate the missing will or a copy of it.This is something that should have been fixed a long time ago the lawyer will have to straighten it all out here.

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Estate Lawyer: RayAnswers, Attorney replied 5 months ago

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Estate Lawyer: RayAnswers, Attorney replied 5 months ago

So here she gets a marital share and then the following applies to his half if no will..

In Florida, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:

If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from previous relationships. Your surviving spouse inherits everything.

If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has descendants from previous relationships. Your surviving spouse inherits half of your intestate property and your descendants inherit the other half.

Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $200,000 worth of other property that would have passed under a will, so Karen inherits $100,000 worth of that property. The remaining $100,000 goes to Bill’s and Karen’s two children.

If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits half of your intestate property and your descendants inherit the other half.

Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.

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