Sugar Hill, GA Estate Planning Law Firms & Lawyers

If there is no will the statute on descent and distribution controls the distribution of assets in the estate. If married at death then: to the spouse and divided among the children born to or adopted by the decedent. If there are two children from the first marriage and two children from the second marriage, then each child receive of the children's 1/2 portion. or 1/8 of the overall estate. Please note that any property held by the decedent in joint tenancy will pass directly to the surviving joint tenant and is not part of the decedent's estate and is not subject to the above described division and distribution.

You need to review the documents with an estate planning lawyer in Florida (assuming he lived there). She might have a right to the home, but the document she signed may serve as a post nuptial agreement and that may go to his children.

I do not see where probate is necessary, as there do not seem to be any assets to distribute and no large liabilities to take care of. That, however, is based strictly on what you write there could be other assets or liabilities that change this analysis. The mother may well have claims against the relatives who locked her out of the mobile home. Those, however, would not be part of a probate and should be pursued direction by the mother.