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My husband died.. he had old will from former marriage. he has one adult son. can he sell my house and belongings in it?
Asked over 2 years ago - Bonifay, FL
i want to keep our house and land and comtinue to pay the mortgage. I am not on the deed but was living wiyh him when he purchased it. I am on the mortgage
Attorney answers (2)
Abraham Lincoln purportedly said, "Better to remain silent and be thought a fool than to speak out and remove all doubt." There are two things that Ms. Brewer said that are correct:
(1) That she does not know Florida Law; and
(2) That you need to see an attorney.
Florida has special rules with regards to the Homestead property. If you were legally married to your husband, then he is not allowed to give away the Homestead upon his death, unless he gave it to you. Because he didn't, you are entitled to a life estate in the homestead. That means you are entitled to live there for the rest of your life. The remainder interest goes to his descendants.
You do need to see an attorney to make sure the house is declared homestead and to assert your rights in it.
(1) That she does not know Florida Law; and
(2) That you need to see an attorney.
Florida has special rules with regards to the Homestead property. If you were legally married to your husband, then he is not allowed to give away the Homestead upon his death, unless he gave it to you. Because he didn't, you are entitled to a life estate in the homestead. That means you are entitled to live there for the rest of your life. The remainder interest goes to his descendants.
You do need to see an attorney to make sure the house is declared homestead and to assert your rights in it.
I agree with the user who said you need competent legal assistance. I do not know Florida's laws, but in California you would be considered an "omitted spouse" and would be entitled to an "intestate" share of your husband's estate ... if he had only one child, you would be entitled to 50% of his estate (unless you could establish that the property was actually "community property" - something similar to "marital property" in other states - in which case you might be entitled to the entire house).
You need to see a competent estate planning lawyer as soon as possible to determine what your rights are.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
You need to see a competent estate planning lawyer as soon as possible to determine what your rights are.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
One or more answers have been taken down.
Other answers (2)
YOU SHOULD NOT BE TRYING TO FIND ANSWERS IN THE INTERNET!
These are complicated issues of great financial consequences to you. You must to talk to a Florida probate attorney and quickly while there is still something to talk about.
Aside from the status of the title to the home, if the will pre-dates the marriage, you as the surviving spouse cannot be excluded as a beneficiary of your husband’s estate.
But these laws are complicated and again I warn you that the solutions are not to be found on the bloody Internet. Snooze and you may loose.
These are complicated issues of great financial consequences to you. You must to talk to a Florida probate attorney and quickly while there is still something to talk about.
Aside from the status of the title to the home, if the will pre-dates the marriage, you as the surviving spouse cannot be excluded as a beneficiary of your husband’s estate.
But these laws are complicated and again I warn you that the solutions are not to be found on the bloody Internet. Snooze and you may loose.
Florida Statutes Estates and Trusts Probate Code Section732.301 Pretermitted spouse
“When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:
(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;
(2) The spouse is provided for in the will; or
(3) The will discloses an intention not to make provision for the spouse.
The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805.”
“When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:
(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;
(2) The spouse is provided for in the will; or
(3) The will discloses an intention not to make provision for the spouse.
The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805.”
