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Mom died 2 yrs ago . step dad lived in house. step dad died last week and left the house to his kids. so nothing for moms kids?

Palm Coast, FL |
Filed under: Family law

all stated above

Attorney Answers 5


  1. Your question is better asked of a probate or estate lawyer. Also an attorney would need some specific facts so they could give you the best legal advise. I suggest you consult a probate or estate attorney right away.


  2. Not enough facts to respond to. Certainly the bio-mom's kids would have been affected by their mother's estate planning or lack thereof. But none of that info is on display and speculation won't help....so. go and see a probate attorney immediately and make sure to bring any and all documents that might relate to bio-mom's estate, etc. Good luck.

    Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


  3. My colleagues are correct--this is more of a probate matter than a family law issue, and even then, more information must be provided to the attorney you consult with--who owned the house, when was it purchased, who was on the deed, how was title to the property taken.

    If the title was taken by the both of them, and there is indication on the deed that the property was taken by X and Y, husband and wife, tenants by the entirety, the reality is that upon your mom passing the step--dad would remain the sole owner of the property, and upon his passing, title passes by operation of law to his heirs. The homestead residence doesn't even pass through an estate.

    If your mom owned the house before the marriage, and your mom did not transfer title to his name, or to both their names, then it is a whole different scenario. In that situation, your step-dad would be permitted to live in the property until his demise, then the property goes to your mom's heirs.

    Then there can be claims of title being transferred during the marriage but to be held in trust.

    So, this is way toooo specific to be handled on an Avvo question; a face-to-face meeting with a probate attorney is what is needed.

    I hope you found this response to be helpful. If so, your clicking "helpful" and/or "best answer" helps my Avvo rating and would be appreciated. This answer shall not be considered rendering legal advise but instead a general response to a general question. Avvo is a wonderful resource but nothing can substitute for an in-depth consultation face-to-face with a lawyer. The response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.


  4. This problem of unintended beneficiaries and accidental disinheritance in blended families is a common estate planning issue that we address for our clients. The mother's kids really should inherit a share of the house, morally; but if there was no Plan in place, this is what can happen. You can address this with the stepfather's children to see whether they will do the right thing; but I don't think there is a legal ground to stand on to force it.

    Please visit our website at www.411FlaLaw.com and watch our video. It is an eye-opener to most people who have no idea how much Planning they can actually do in their Estate Plans. If interested, contact us to inquire about special low cost monthly financing of your estate planning fee. You may be very surprised at how affordable a comprehensive estate plan for your whole family can be. The above answers are not legal advice and should not be relied upon until you meet with an attorney and review all of your particular facts and circumstances. This forum does not create an attorney-client relationship.


  5. I agree with my colleagues that this is a common situation. You should speak with a probate attorney to determine if there is anything you can do.

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