Legal Question in Real Estate Law in Florida

I am 60 and married a man that is 86 who is a widow with 3 (three) grown children. I own 3( (three) houses which are paid up in full in Florida plus land in SC. I have no bills except living exspence. He has a condo that he lives in until he can not take care of himself and then will move in with me.

My question is when he dies will his children be able to take my homes or properties from me that I went into the marriage with


Asked on 8/30/10, 9:06 am

1 Answer from Attorneys
Richard Kaplan

I assume you have no anti-nuptial agreement.

No, his children have not claims on your estate. However, whichever spouse dies first, then the surviving spouse does have a claim on the decedent spouse's estate. Therefore, through the surviving spouse, the children of the surviving spouse may eventually obtain assets from the decedent spouse's estate.

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Answered on 9/04/10, 9:38 am


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