My father died intestate in Florida in 2002. He was survived by a spouse and myself from his previous marriage. No probate papers were ever ...

Question

My father died intestate in Florida in 2002. He was survived by a spouse and myself from his previous marriage. No probate papers were ever filed. If I probate the estate, can I claim any inheritances. His second cannot be located.

Answer

It will depend on the assets and title of those assets. You could be entitled to 50% of the estate subject to probate. Since it has been more than 2 years since your father died, you would be able to file a Summary Administration (an abbreviated and less expensive form of probate). Because there are multiple beneficiaries involved (you and his surviving spouse), Florida law requires an attorney to handle the administration of the estate.