Legal Question in Wills and Trusts in Florida

unclaimed money

My father passed away 4 years ago, he was newly married. My father's will disappeared, the will that named my sister beneficiary over his estate. The new wife didn't know which attorney he used, the house and bank accounts all went to her. My father quick deeded the house over to her. I found out my father has unclaimed money from a insurance company from a home all the kids grew up in. (Not the home the widow resides in) If his children try to claim this money, will his widow also be eligible to receive the money?

Not that I begrudge her the money, but she has taken everything and just sold it. Things we would of kept in the family. She had his house gutted out before he had even passed away. My own personal emotions towards this I am sure is much different than what the law is. Can someone please help me?


Asked on 5/04/09, 3:13 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: unclaimed money

Whether she would be entitled to anything else depends on whether there was a probate, what the found will says, and what she has already received. Generally, the spouse is entitled to the first $60,000 and then half of the rest. The house was deeded to her so it passses outside of probate.

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Answered on 5/04/09, 3:37 pm


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