Legal Question in Family Law in Florida
What happens to real estate property when no will is left?
My husband and his mother owned a home together. She died recently and the home is now his. I am his wife and I am not on the deed. My husband is in bad health and is not expected to live long. He doesn't have a will and will not make out one. If he dies, will I get the house or will it be sold and devided up between me and his children? He has 10 children, but we do not have any together. We have been married almost 12 years (November 11, 1989). I need to know where I stand. Thank you.
2 Answers from Attorneys
Re: What happens to real estate property when no will is left?
If your husband dies without a will, as his widow, you would be entitled to a portion of his estate. You would share with his children. Insist that he properly take care of his affairs if he expects you to be his nurse.
Re: What happens to real estate property when no will is left?
If your husband does not change the title on the deed, then upon his death, you and his 10 children will be entitled to the home. Better for him to change the deed now to remove his mother and add your name if this is what he wants. This is not a complicated or expensive process.
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