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My dad died about a week ago, no will, 3 siblings including myself. He has spouse,not our mother. Are we entitled to anything

Titusville, FL |

are we entitled to any of his financial accounts, ira's etc. houses and cars.

Attorney Answers 3

  1. I'm sorry to hear about your father. I am going to put the information from the statute that pertains to this matter below. You should also consult with an attorney in private regarding your options. You don't want to wait too long and have his wife dispose of everything.

    Below is the information directly from the statute.

    732.102 Spouse’s share of intestate estate.—The intestate share of the surviving spouse is:
    (1) If there is no surviving descendant of the decedent, the entire intestate estate.
    (2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
    (3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.
    (4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.

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  2. I am sorry for your loss I agree with Attorney Stephen. If your father died without a will, owning assets in his own name, you and your three siblings would be entitled to something under the statute she posted. However, if your father died with a will his will controls. If he died and all his assets were jointly owned with your step-mother, such as their home and his bank accounts, those assets are hers.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship.

  3. The kids are entitled to 1/2 of his probate estate. That being said, if everything was jointly owned or had beneficiary designations, then those assets are not subject to probate.

    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

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