Legal Question in Wills and Trusts in Florida

My Step-Father (of 30 years) passed away last weekend. My Mother passed 3 years ago. He became very difficult to handle the last few months & pushed my sister & I away. Now we find out he had a ex-sister in-law (his only living relative (brother) who is dead) has stepped in and now EVERYTHING is in her name (so she says); house, van, life insurance, etc. The hardest part is he has only been gone 4 days and the House contents are almost gone! Our Mother was the biggest income maker and most of the "things" in the house were Moms - we are sick! And I smell a grave digger here - what are my legal options?

HELP!!!


Asked on 1/11/11, 5:51 am

1 Answer from Attorneys
Richard Kaplan

Probably not a lot unless there is a Will. You are not your step-fathers legal heirs, and since he survived your mother, her property became his property. You don't have rights from step-parents in most cases.

The question that is of concern is why the ex sister-in-law? If your step-father died without a Will, then his assets all go to his nearest blood relative, unless the asset had a beneficiary or was jointly owned. His nearest blood relative is not you, nor the sister-in-law. Basically (and a bit simplified here) it would be first any children and grandchildren your step-father had, followed by his other siblings, and then his nieces and nephews.

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Answered on 1/16/11, 6:17 am


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