Legal Question in Wills and Trusts in Florida

This question pertains to Florida. My father recently passed and I don't think he had a will. I don't know for certain, but he was a very controlling man and was not big on communicating. I highly doubt he had a trust or had a beneficiary on all of his accounts, but it's possible. My step-mother hasn't filed a will and it has been over the 10 days required by law. She also hasn't posted a notice to creditors. My brother and I were reading about Florida's intestacy laws and realize that we would be due a share of his estate unless the will, if there is one, states otherwise. I know if we came right out and asked our step--mother about this right now it would create big drama. We don't have access to his papers, so what can we do? Thank you.

Asked on 7/18/19, 7:11 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

The probate, if any, would apply only to assets which were in his name alone. If his assets were titled with his current wife, she likely received all those assets upon death. Unless you know of any assets there is nothing you can do without asking her or waiting. Sorry for your loss

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Answered on 7/18/19, 7:15 am

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