Legal Question in Wills and Trusts in Florida

If my father (at the time of death was 84) had a stock with no name beneficiary (Florida), but added his wife (my stepmother who is 22 years his junior) to the stock to distribute after his death, is she entitled to the money and not follow his wishes? He only added my stepmother because he was entering the early stages of Alzheimers. My stepmother told me the Saturday before my father died that upon his death, she would distribute the stock earnings to myself since that was his instructions to her prior to his death. Since his death, she hasn't mentioned anything except that there was no beneficiary and she could do whatever she wanted with the money.


Asked on 8/15/13, 2:10 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

If stepmom is the survivor on the stock then she gets it. She is the natural recipient of his Estate so challenging it on undue influence or his dementia will be difficult. Also, if he wanted to split proceeds with you or others, did he ever have a Will that said that? Seek some legal guidance with all your papers.

Read more
Answered on 8/15/13, 2:28 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida