Legal Question in Family Law in Florida

I was married for almost 18 years and now divorced for 6, I have not remarried. My X re-married to someone mid Sept 2009 (they didn't live together until this June 2010 for 2 months and were separated for the last 2 weeks) and he just passed away.

I am looking for information about my rights to his social security and what I need to do. I've been told that she isn't in-titled to any since they were only married a short time and I would be.

Also, what about property issues, ie: his car, bank info, etc. To my knowledge he didn't have a Will and his latest wife didn't want part of any of the personal belonging in the home and gave me the keys and asked me to take them. (I have it on voicemail and a note with the keys she left me). His only living relative, his 1/2 sister, who is 82 had told me the same "she didn't want anything and if anyone should have it and deserved it, it was me". (I have a voicemail on that too).

Now the sister is saying if the car is worth something then maybe she did want it but if he owed too much then I could have it...go figure. I told her I thought the courts (probate) would be the one to decide the what would happen to the car and most likely if there was any equity in it, IRS debt and judgments would probable get the money against the debt.

Can you help direct me or direct me to websites that I can get basic information. Also we are in Florida in case that makes a difference.

Betty Repine

561-495-8908


Asked on 9/09/10, 12:04 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

So sorry for your loss. However, you are not entitled to anything. Once you were divorced, the current wife is his hier unless there are minor children which would take as well. I suggest you collect those things which she stated you could have and let it go at that. As to the car, think if you can afford this if there is a car payment and do you really want it. Then discuss the issue with the current wife and try to decide amicably.

As to Social Security - yes you have a right to draw on his.

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Answered on 9/14/10, 12:22 pm


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