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My Dad died and left everything to my Mom, Does she have any duty to make sure some is left for me?

Jacksonville, FL |

I am an only child and very close to both. The problem is My Mum is a compulsive shopper and there will be nothing left. In fact she has burned through almost 2 million dollars in 1 year. The savings is is empty and now she has debt

My Dad left enough money so she and I would never have to worry If she uses some self control and quits wasting my Dad's hard earned money

Attorney Answers 2

Posted

No

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Generally, the answer is no. However, if there was no will and you are a minor, you may be entitled to a remainder interest in your father's homestead if it was solely in his name. See section 4(a)(2)(c) of Article X of the Florida Constitution below.
Article X SECTION 4. Homestead; exemptions.--
(a) There shall be exempt from forced sale under process of any court, and no
judgment, decree or execution shall be a lien thereon, except for the payment of
taxes and assessments thereon, obligations contracted for the purchase,
improvement or repair thereof, or obligations contracted for house, field or other
labor performed on the realty, the following property owned by a natural person:
(1) a homestead, if located outside a municipality, to the extent of one hundred
sixty acres of contiguous land and improvements thereon, which shall not be
reduced without the owner's consent by reason of subsequent inclusion in a
municipality; or if located within a municipality, to the extent of one-half acre of
contiguous land, upon which the exemption shall be limited to the residence of
the owner or the owner's family;
(2) personal property to the value of one thousand dollars.
(b) These exemptions shall inure to the surviving spouse or heirs of the owner.
(c) The homestead shall not be subject to devise if the owner is survived by
spouse or minor child, except the homestead may be devised to the owner's
spouse if there be no minor child. The owner of homestead real estate, joined by
the spouse if married, may alienate the homestead by mortgage, sale or gift and,
if married, may by deed transfer the title to an estate by the entirety with the
spouse. If the owner or spouse is incompetent, the method of alienation or
encumbrance shall be as provided by law.

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