Legal Question in Wills and Trusts in Florida
In Florida, if a husband dies will a will naming his children to be awarded a home tha is in his name, does his wife have any claim to it ?
Asked on 10/31/09, 8:57 am
2 Answers from Attorneys
Lesly Longa
Longa Law P.A.
How the property passes will depend upon how it is held and whether you have waived homestead rights. If the property is held as a tenancy by the entirety, then it passes to you, the spouse, regardless of what the will states. If you would like assistance with will and estate planning, please do not hesitate to contact me or visit www.floridawillmaker.com. Regards,
Answered on 11/05/09, 9:45 am
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
You have a claim to a life estate in the home, even if the house is only in his name.
Answered on 11/05/09, 10:03 am
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