Duck Key, FL Estate Planning Law Firms & Lawyers

I can't answer all aspects of the problem, but the main point I can. Since the decedent was married when they married Spouse B, the marriage to Spouse B was not legal (void ab initio) and Florida does not have common law marriage. I had this happen once with a client of mine years ago in that the client got remarried before the final judgment of divorce. So they had to get married again to Spouse B after the divorce was final to make it legal. If Spouse B is a Florida resident, they can qualify to be the personal representative, but the parents would have better standing to serve and could request it. What will happen will depend upon the Judge, and any other opinions would require in depth research.

Bring action to declare her incompetent and to have yourself appointed as the conservator. However, step father will fight you and your'e going to have to have more than just a difference of opinion to trump your mom's spouse's position.

It depends how involved your brother was in having this document executed. Most estate litigation centers around competency and undue influence. If your father was in his right mind, it's probably OK. But if there were circumstances suggesting that your brother fooled him into signing it or used his position as a confidant to get your father to do something that he didn't really want to do, then the will/deed/power of attorney (or whatever) can be successfully challenged.