Legal Question in Wills and Trusts in Florida

Re: Divorce spouse with will

It is not clear who owns the property here. If he owns the property and his current will leaves it to his ex-wife, the divorce will "write her out" of the will. Other problems arise with an old will, though. You would have certain rights as the current wife even with a will (the first 60K plus one half of the estate). The safest course is to get him to redo his will, which he is willingto do. That should clear up the state of affairs. When he dies, you would need to go through probate to get title to the proprty.

Re: Divorce spouse with will

If the property was "left to his prior wife and children" before the divorce, then it may not be his at all. If it was in the children's name and the ex wife's then they own the property, not your husband. As I say, your question is not entirely clear about who owns what. But -- with tow ex spouses out there, you would both be smart to update your wills immediately.