Dear Quentin,
I recently read a letter in your column discussing a father’s will, his second wife, and his adult child, and it resonated deeply with me. My father passed away in Florida, and I find myself in a similar situation. His second wife is not my mother, and to complicate matters, she is only 10 years older than I am.
My father left her a life estate in the family home, which was originally purchased with my family’s money. I feel conflicted about this, as I believe the property should be part of my inheritance. I’ve been trying to understand the probate laws in Florida, but they seem to differ from what I expected, and perhaps they even override the will. How can I go about undoing this arrangement, if at all possible?
Seeking Guidance, Frustrated Heir
Dear Frustrated Heir,
I can understand why you’d feel frustrated in such a situation. In estate planning, especially when there’s a second spouse involved, conflicts can arise, and emotions often run high. However, Florida’s probate laws, like those in many states, can indeed have specific stipulations when it comes to the rights of surviving spouses, which could be impacting your situation.