Legal Question in Wills and Trusts in Florida
My mother passed away leaving her entire estate to my sister and I in her will. The will had been drawn up before her second marriage. The will does not mention her second husband as a consequence. He is quite wealthy and my mother was not. We believe there was a prenup but he is denying it and claiming the elective share in Florida. He certainly does not need the money. All their assets were held in separate accounts, the condo they lived in (his) was held in a trust. Her assets were held in living trusts to us and he had signed a waiver to her pension fund. All this evidence points to the likelyhood of the existance of a prenup. He is wealth and we are not and my mother clearly expected her money to come to us. How can we fight this unpleasent man
2 Answers from Attorneys
Based on the information you have given, his claim is valid.
Valid claim but 30% of nothing is nothing. If her assets were in a trust then there are no other assets to distribute. Talk to a probate attorney.
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