[HarMar1965]

My father died in Florida 2010. My mother said he had no will and left everything to her. Am I entitled to any of his estate? I have called the county court in which my father lived and died. I had them do a will search and they did not find a will, but said that did not mean he did not have one and to check a surrogate court. I have found a surrogate court in New Symrna Beach. I have recently read an email that my mother wrote and have reason to believe she has told me lies regarding my father's estate. What direction should I take?

[smoothy]

Unless you can find a will stating the contrary... your mother (I assume who was still his legal wife) is considered the sole legal beneficiary of his estate. There are some exceptions, some of which are in Louisiana as much of their legal code is based on French rather than English law (and which I have had only heard about some of).

Obviously any insurance policies etc that have named other beneficiaries remain as they were designated.

[HarMar1965]

Unless you can find a will stating the contrary... your mother (I assume who was still his legal wife) is considered the sole legal beneficiary of his estate. There are some exceptions, some of which are in Louisiana as much of their legal code is based on French rather than English law (and which I have had only heard about some of).

Obviously any insurance policies etc that have named other beneficiaries remain as they were designated.

Thank you for answering. I believe that my father did have a will and I need to find out where it is. I am not getting any truthful answers from mother.

[smoothy]

Thank you for answering. I believe that my father did have a will and I need to find out where it is. I am not getting any truthful answers from mother.

Good luck, Do you know if he's done business with a particular lawyer? They should have a copy and would be a good place to start... believe it or not... that subject has also hit close to home as well... only with different people.

[AK lawyer]

Unless you can find a will stating the contrary... your mother (I assume who was still his legal wife) is considered the sole legal beneficiary of his estate. There are some exceptions, some of which are in Louisiana as much of their legal code is based on French rather than English law (and which I have had only heard about some of).

Obviously any insurance policies etc that have named other beneficiaries remain as they were designated.

Lousiana law has nothing to do with this situation. OP wrote that the father died in Florida.

"732.103 Share of other heirs.—The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:
(1) To the descendants of the decedent.
..."

"732.102 Spouse’s share of intestate estate.—The intestate share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.

(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
..."

[joypulv]

All you can do is contact every law office in the area where he lived.
Even if a lawyer retires or dies, his files get transferred to another lawyer.

A typical will would leave everything to a spouse, with children listed in the event that the spouse has died first.
She gets it all if there is no will, and is free to do what she wants with it, including writing a will leaving it to anyone she wants.

[smoothy]

Lousiana law has nothing to do with this situation. OP wrote that the father died in Florida.

"732.103 Share of other heirs.—The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:
(1) To the descendants of the decedent.
..."

"732.102 Spouse's share of intestate estate.—The intestate share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.

(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
..."

I'm aware of that... I just pointed it out as it wasn't universal in how its dealt with in the USA. And the differences can be significant.

[AK lawyer]

For that matter, the intestacy laws of many states would give the children a share under these circumstances. Just not in some states such as Florida. OP says the father died in Florida. Was he a resident of that state?

[ScottGem]

Unless you can prove there was a will, then you are entitled to nothing. Was there a significant estate?

[HarMar1965]

I believe there is a significant amount in the estate . I have read an email where my mother is talking about my dad's money man and a separate and secret bank acct that only her and my daughter know about. Also in this email she refers to a "will" in quotation marks that she tells my daughter is in another bank in a safe deposit box and gives my daughter the # of safe deposit box and the name of the person who has a key. She also refers to "not moving any money at this time" when she is flying to Chicago to see my daughter and that if anything happens to the plane my daughter will "have to deal with that herself". She also tells my daughter that she(my daughter) is beneficiary after her(my mother). I have not mentioned that my daughter has not spoken to me since my father's death(2010).
I am wondering why all the secrecy and lying? Is there a legal reason??

[joypulv]

The reasons for secrecy and lying are personal, not legal.
You must know why your daughter isn't speaking to you, and why she and your mother are colluding about all this?
It isn't clear from the way your describe the content of the emails whether the will she refers to is your father's or hers.

[ScottGem]

I have no clue why this is being kept secret. If no probate has been filed, then you can force that it be done. Then you can require that she produce a will. Of course she can claim there isn't one. And you will have to offer proof that there was.