Legal Question in Real Estate Law in Florida
Hello ... my second wife died and the home that we lived in had a free and clear mortgage. The property is currently being rented. In the last several years I remarried. If I want my children to inherit the property, not my wife ... what can I do?
Jim
Asked on 10/01/09, 8:50 am
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
Have her sign a post nuptial agreement. She has a right to take 1/3 of the estate, so if there are enough assets to go around, you can also do it by will.
Answered on 10/01/09, 9:45 am
Lesly Longa
Longa Law P.A.
Without a will, the property will go to your wife (partially). In addition, a marital agreement can secure the arrangement in case you divorce. Contact an estate planning attorney to discuss what options are best in your situation.
Answered on 10/01/09, 1:30 pm
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