What to do if my father passed away 4 years ago and left everything to my stepmother?

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What to do if my father passed away 4 years ago and left everything to my stepmother?

At her passing the house was supposed to be sold and equal parts were to be divide among 6 children. She changed her Will so now the house will be divided among her 3 children. Do I have any recourse in this matter?

Asked on January 2, 2013 under Estate Planning, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

Your question involves some constitutional and legal provisions unique to Florida.  When you say your father "left everything to my stepmother," do you mean he prepared a will and left everything to her?  Leaving the house to your stepmother by will is permitted by the Florida Constitution and statutes.

If your father placed your stepmother on the deed to the house as a joint tenant or tenant by the entireties, then the house passed to her automatically at his death.

If the house passed as I have described it, then there is probably nothing you can do about it.  However, there are constitutional provisions in Florida that limit how a person can pass on his or her homestead.  I suggest that you consult a Florida lawyer with special expertise in the constitutional homestead provisions.  Tae Kelley Bronner in Tampa is one of those lawyers with special expertise.  This lawyer can review all of the circumstances surrounding your father's wishes and advise whether any remedy remains for you.

 


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