Legal Question in Real Estate Law in Florida
My husband and borther in law were given each land by their mother, Brother in laws land was put in his and his wifes name, but on my husbands he only has his name and on one lot his and his mothers name. He told me it has to be that way do to th "hiers Rule" is this true and is there such a thing? and what would the reason be to do that? I feel this was not fair to me and where would that leave me if something happens to my husband? Also I have nothing in my name.. not the house, car, electric Etc... but work full time and make more than he does? I feel I am in a bad situation, I have worked years and feel I have nothing to show for it...this is a second marriage for us and he had the home to start with but I have never seen a deed and have no idea where it is located.
1 Answer from Attorneys
I see why you are concerned. He has no reason not to put your name on the land that he put in his name like his brother did with his wife( i assume this is your homestead and where you live) and it should be discussed why your name isn"t on the land vs his moms name. In florida you could take a elective share against his probate estate (complex rules apply). However, there is no concept of "hiers rule" which I know of or have ever seen. It could mean the hier keeps it all not you which has been more common.I normally recommend in a second marriage that there be a pre-marital agreement to safeguard certain property or a plan how the assets of the parties will be divided upon death to avoid the uncertainty of what you have described here.You may want to look at my web-site at FloridaLegalServicesOnline.com (which has a law library) to get more information or e-mail me or call me to set up a appointment to discuss this further.
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