Legal Question in Wills and Trusts in Florida
Husband died and left everything to his boyfriend
After 18 years, my husband left me and the kids and moved in with his boyfriend. We lived in a mobile home that was only in his name (because of my credit) I finally moved out and my kids stayed there. I paid the morgage and then the kids did. We don't own the land. my father-in-law does. Well my husbamd died and left averything to his boyfriend. He didn't really own anything besides the mobile home. The insurance is thru the morgage company. we had a kitchen fire and now the insurance adjustor says that the check has to be made out to his estate. Does that mean that I will not be able to get the kitchen repaired because his boyfriend gets the money? Please tell me what my options are.
1 Answer from Attorneys
Re: Husband died and left everything to his boyfriend
Your husband's home was his homestead if he owned it. If you were still married to him at the time of his death, the children get the property in full at the end of your life estate. The devise to the boyfriend is void.
The insurance money does go to the estate. You can petition to be the personal representative of the estate and open a probate administration so you can take care of the insurance money for the kitchen etc. as the representative. Contact a local attorney or the local county court so they can direct you as to what to do next.
Best wishes.
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