What is a stepdaughter’s right to their stepmother’s estate?
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What is a stepdaughter’s right to their stepmother’s estate?
My father passed away 7 years ago and we filed his Will and dispersed his assets. My stepmother passed away last week, leaving her father, brother and us 3 stepdaughters. There is a Will filed from 15 years ago with an attorney but we have not seen it and do not know what it says. Our stepmom’s father has already taken control of her house, care, financial accounts and is dispersing her household property without filing or consulting the Will. We know he is not the executor of the Will. What are our rights as her stepdaughters?
Asked on November 28, 2012 under Estate Planning, Kansas
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 12 years ago | Contributor
In Florida and most states, you have no automatic rights as step-daughters. If you are named in the will as beneficiaries, then you have rights. The important thing is to get the lawyer to file the will and notify the beneficiaries that it has been filed. The named Personal Representative/Executor can then take action to open an estate and, if appropriate, stop the father from disbursing assets in violation of the will.
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