My wife's mother left half her estate to the estate of my late wife. Her mother's has cleared probate but I have been told I will have to open a case to establish heirship for my wife's estate. Neither of us have lived in Fla.@ any time. Is this the law?
2 Answers from Attorneys
Depending upon the wording of the mother's will, your wife's estate may have to go to probate in the state she lived in.
If the share of your mother's Estate is fixed and being distributed after death, then it does have to be paid into an Estate. In the Estate, wherever your wife died, the heirs will be determined. No Estate has to be formed in Florida unless there is real estate involved and then an ancillary Estate in Florida may be needed. Seek legal help.