Very sorry for your loss. Any asset in a deceased persons name has to go through the probate process unless it has a named beneficiary on account.
Our office handles probate cases in Florida and would be glad to answer further questions.
Attorney Joe Pippen
If I were handling this estate-I would send you a copy of your check and ask you to sign a receipt of acceptance of receiving your full share and release of the PR of further duty or liability.
So-what papers have you signed?
It would be unusual for checks to be released without you signing any documents.
Lots of information needed before someone can help you and as advised by the other responses-nothing can beat a face to face meeting with experienced estate litigation attorney.
Some questions I was wondering about-
1-How many years in this marriage? You refer to new wife.
2. What was his mental condition when he got married?
3. Was a premarital agreement signed?
4. Did your dad sign to change accounts of did wife make change using a POA?
Lots of other questions will determine if you...
It would hard to challenge a will dated 1998 that left everything to a spouse.
Also-if step sister already owns the properties and the will has not been filed-they did not have to go through probate and just have been jointly held or in a trust.
I have an office in Largo and would be glad to give you a free consult if interested.
Attorney Joe Pippen
Each state has statutes on your question.
Florida allows residents to serve as PR and also allows non residents if related by blood or married to blood relative.
A felon would not be able to serve in Florida.
The mobile home may qualify as homestead and be protected from creditors even if it is a mobile home instead of real estate.
You should retain a probate attorney to assist you.
You are not bound to make payments unless you have obligated yourself to do -so vacating the property would be an option.
Yes-you can rent from the estate and the check should be made payable to the estate.
The probate estate should be opened immediately so the PR of the estate would have the legal authority to sign a rental contract.
You should have an attorney review the lease before you sign.
You need a probate/trust litigation attorney to pursue a undue influence claim immediately.
This is often a difficult, time consuming, and difficult road but this type of action should not be tolerated.