Legal Question in Wills and Trusts in Florida

Husband died befor divorce

I moved out of the marital home and filed for divorce; before I received his Answer he died. His will left everything to his daughter by a prior marriage. We bought the house together along wiht the furnishings. Can I now go back into the house and getit ready for selling it? The house is helf as tenants in entirety w/ right of survivorship. Aren't the furnishings exempt from probate and can I sell off items?


Asked on 9/17/06, 11:55 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Husband died befor divorce

Yes, you now own the house. In addition, as a spouse, you are entitled to an elective share of the estate. You should retain an attorney to protect your interests. The will must be probated and his assets inventoried. Good luck.

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Answered on 9/18/06, 5:51 am


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