Legal Question in Wills and Trusts in Florida

Need Probate Help in Central FL

My father died Aug. 5, 2008 He was supposedly married but we are not sure if it was legal or in the ''eyes of God'' since she didn't take his name. Also the house they purchased together was deeded as ''tenancy in common''.

She says that he had no assets or will. She told her 4th husband's only child the same thing while inheriting millions.

She went against my father's final wish of his burial and had him creamated, denied him a military funeral and didn't even notify me he died.

What do I do? I seriously need help!!

Sara


Asked on 8/29/08, 3:30 pm

1 Answer from Attorneys
Diane Downs DMD Law, P.A.

Re: Need Probate Help in Central FL

If he had no will, and if they are legally married, she can get 1/2 and the children split the other half. However, you can challenge her by asking her to produce the marriage certificate. If they are not legally married, she gets nothing, unless it is specified in a will. Since the house is tenancy in common, unless she has right of survivorship, and unless they were legally married, his half of the house will pass to his heirs in stirpes, or to you and your sibllings. I suggest you engage an attorney immediately.

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Answered on 8/29/08, 3:52 pm


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