Legal Question in Wills and Trusts in Florida
can a gay spouse make a suit against an estate? Im in a situation as a co representitve in tampa, and i am the beneficiary and there wanting a percentige from a curent law suit, and are threating to put a suit against the estate if i dont agree.
3 Answers from Attorneys
If you were married in a State that permits gay marriage, perhaps.
You can file a Claim against the Estate. I just don't know if you have a valid claim because I do not understand the basis of your claim.
This state does not accept gay marriages. If your partner died leaving no heirs, then his estate will go to first his parents and then if they are deceased then to his siblings. If you were named in his last will and testatment, if he had one, as his sole beneficiary, then marriage or being gay has nothing to do with his estate. Then and in that event you are the only beneficiary and the estate belongs to you.
I do not understand what the suit is about and why you would have to give them a percentage of his estate.