What would you do in this situation?
My dad recently passed away. He has two kids, myself and a son from a prior relationship. He remarried a while back to a woman who has three boys.They are not my fathers kids. I am the youngest of all the kids collectively. She arrived in my dads life when her youngest sons were seniors in high school. Her eldest was already out of the house on his own. My dad has 5 guitars, two of which he made. My dads wife originally said dad wanted the boys to have one and me to have one, when she thought there were only 4. After she realized there are 5 she said he told her he wanted her boys to get one, myself and her to also have one. Leaving my dads son out of the offering completely. I have asked many times under the assumption she inherits everything of dads since they are married, that the other one go to dads son. I recently discovered that under florida law, my fathers desendents (kids, grandkids, greatgrands) are entitled to half of his belongings if he dies without a valid will. There is no will that I know of, there is only her saying this is what he wanted. How do I go about helping him get what is rightfully his?
- JosaLv 63 weeks ago
First of all, you have to hire a probate lawyer to take his estate through probate or, if the estate is small you petition the court and ask that you be appointed executor of the estate. You have to be 18 years old or older. The executor is the one who divides up personal items and property, etc. The biological children come first usually. Her saying what his wishes were doesn't mean a thing. I would hope you address this before she goes and gets herself appointed. See this site: https://info.legalzoom.com/article/how-file-be-adm...
With it being such a mess though, I would hire an attorney, He will take his money out of the funds of the estate. That way, you know everything is being done according to state law and you don't run up against problems. It takes 3 to 6 months usually.
- Alan HLv 71 month ago
That would require legal knowledge to answer
- chris nLv 71 month ago
If your half brother really wants one of the guitars he should ask your stepmother himself. Morally it sounds like he has a little more right to one of them than your step-brothers. If you need to know the legal side of things you should get some professional, legal advice. I would imagine his legal wife, your stepmother, should inherit all your father's worldly goods if there's no proper Will.
- FoofaLv 71 month ago
Your dad's a complete idiot if he doesn't write up a will before he dies. Hopefully just seeing you and this blended family he created bickering over this will provide him ample evidence that he needs to put this all in writing so you people don't all kill each other over his stuff once he's gone.
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- Carolynn MLv 61 month ago
This is how i feel about things when someone dies -- can't miss what you never owned.
So many people are petty and ridiculous when someone dies.
If there is no will? Hire an attorney to take care of these issues.
- SlumlordLv 71 month ago
You are going to need a lawyer for this one. Go consult with a lawyer and see what they say. I wouldn't even tell her you are consulting with a lawyer (or she may start hiding guitars, or who knows what).
- EvaLv 71 month ago
You get a lawyer. If your father died without a will, there is a probate process to go through in order for clear title to pass to the heirs. Someone has to step up to be the administrator of his estate and that person has to be formally appointed by the court.
- 1 month ago
Hire a lawyer. And don't waste time. There are statutes of limitations, and you can't recover what she sells and spends.