Legal Question in Family Law in Florida
My ex-father-in-law just passed away on Thursday. He was not married, he left no will, and he has 3 children, all of which are above the age of 25. My ex-wife's name is on the house, so I think that is pretty much "case closed", correct? Does anybody else have any legal rights to the rest of his property? He also has two living parents, both of which are near 90 years of age, 4 brothers, and one sister. By the way, I don't know for sure if there will be any problems, but just in case, I need to ask because I care about my ex-wife and what happens in this case.
Asked on 1/21/12, 5:24 am
1 Answer from Attorneys
David Slater
David P. Slater, Esq.
If not owned "jointly with right of survivorship" she is a tenant in common only entitled to her 1/2 share. The other 1/2 goes into his estate, which must go to probate for his heirs.
Answered on 1/21/12, 5:56 am