Legal Question in Wills and Trusts in Florida

father and step mother estate

I have a father living in Florida married to step mother19 yrs. They have no children together. My dad has 2 kids (my sister and I) and stepmother has none. What happens to estate if he passes away first and then stepmother passes away later. Who is entitled to the estate ? Could it be someone in stepmothers familiy by her direction ? or are there ways to estate plan upfront to prevent ?

Asked on 7/12/08, 8:57 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.
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Re: father and step mother estate

Yes it would go to someone in her family and yes there are ways to prevent it.

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Answered on 7/12/08, 10:24 am
Alicia Santana Torres Santana Torres Law Offices, PL
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Re: father and step mother estate

It really depends on how the assets are titled. Some assets owned jointly will go to whoever else is on the title, whether its one of the kids or a spouse. Assets in his name only will go half to the wife, half to his kids -- if there is no will. The only person that can prevent this is your father. He should see a local estate planning attorney.

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Answered on 7/12/08, 11:25 am

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