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Can we protect our inheritance?

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HonoringDad

Junior Member
What is the name of your state? FL

My Dad passed away and I believe his property is in his name and his wife's name (not my mother). As far as I know there is no will. Do me and my sisters have any rights to the land? Our fear is, at our step mother's death, nothing will be left to us and we won't be able to keep the land in the family.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? FL

My Dad passed away and I believe his property is in his name and his wife's name (not my mother). As far as I know there is no will. Do me and my sisters have any rights to the land?
It depends ENTIRELY on exactly HOW the property was titled.

With that said, you both do realize that this is NOT "your" land, right? :rolleyes:
 
What is the name of your state? FL

My Dad passed away and I believe his property is in his name and his wife's name (not my mother). As far as I know there is no will. Do me and my sisters have any rights to the land? Our fear is, at our step mother's death, nothing will be left to us and we won't be able to keep the land in the family.
If the land was owned as a "tenancy by the entireties" or as a "joint tenancy," then it passed to your step-mom at your father's death, and is not a part of his estate for distribution to his heirs.

If the land was owned as a "tenancy in common," then your father's share of the land became a part of his estate, and will be distributed to his heirs.

If there is no will, then the estate will be distributed according to Florida's intestate laws (in which case you and your siblings, and your step-mom will receive a portion of the estate).
 

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