Legal Question in Family Law in Florida

Widow's property rights

A Wife who later became a widow, bought a house in Florida with his husband who dies later.

Who is/are the person or people that owns the house in the case that the dead husband had a living son from previous marriage?

Is it possible that the son of a previous marriage can claim ''his part'' (from his dead father) to the widow and she will be forced to sell the property to divide the money?


Asked on 7/18/07, 2:50 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Widow's property rights

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the property was purchase by the wife and husband in joint tenancy (or with no designation) then the wife as the surviving tenant owns it in fee simple (100%). The son has no claim against the property or the wife.

Scott R. Jay, Esq.

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Answered on 7/18/07, 3:04 am
Johm Smith tom's

Re: Widow's property rights

Mr. Jay is correct, but we obviously don't know enough of the facts to be able to give you a definite answer. If money is at state, then consult with an attorney and take the time to tell them what they need to know.

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Answered on 7/18/07, 10:27 am


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