My fiance and father of our child past away about a month ago. He has a house and a lot of money his father left to him a year ago. The money was for him in trust to his grandma and she put it in a trust till he was 45. Well he didn't make it. The house is in his name but he did not have a will. So it's going in probate. What is our 7 month old sons rights and mine as the mother? What's going to happen? I was completely dependent on him and now I have nothing and can lose it all.
Answer
As it relates to the trust, it depends on the wording in the trust as to how your fiance's share will be distributed now that he has passed. In relationship to the home and any other assets your fiance had in is own name, Florida statute would see his children as the rightful heirs to his property since you both were not married yet and he had no will. if you see during probate someone else is making claim to the property, be sure to contest. The attorney is typically paid from the estate in this case.
Answer
Since you were not his spouse, you have no inheritance rights. His son does and must be protected. Retain your own counsel to see that the estate is probated properly.
Answer
As everyone else suggests, you need to hire an attorney to protect the rights of your son and yourself. Do it sooner than later. The attorney will likely wait to get paid out of the assets in the Estate that eventually pass to your son. Sorry for the loss.
Answer
Your son will receive everything that is just in father's name.
The trust assets depend on the language in the trust.
Hire an attorney right away.
You might be able to petition to become the personal representative
of the estate.
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