Legal Question in Wills and Trusts in Florida
right so heirs
My ex-husband was willed half interest in his deceased mother's home. He willing relinquished his rights to it.
His sister, therefore, inherited the entire interest in the house. Would his children have any claim to his half of the house if he declined it?
1 Answer from Attorneys
Re: right so heirs
Based upon the limited information you gave, I am assuming that when you say he 'relinquished his rights to his sister' you mean that he disclaimed any inheritance rights and that his sister got the entire house due to the disclaimer. Therefore, his children will not be able to inherit any part of the house from him (a disclaimer from your husband is as if he died before his mother died). However, his sister may leave the house to his children in her will.
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