Legal Question in Wills and Trusts in Florida
My husband died-My name is on the title of the house,And was on all bank accounts. I am selling the home and the kids think I need to give them money from the sale. They say they will contest-No will was ever filled for he turned over
everything to me in 06-the will was drawn up in 04.He asked me to get rid of it and we did. Not before his daughter saw a copy of an old will. all the children took what they wanted and were given money. Can they sue me
2 Answers from Attorneys
Assets titled in joint name with rights of survivorship (your deceased spouse and you) belong solely to the surviving spouse. You owe nothing to any third party. Tell them good luck in trying to sue you. A reputable attorney will tell them they have no legal case.
Anyone can sue for any reason, but that does not mean they automatically win.
If the assets are jointly owned with you then a Will wouldn't control. Children are not automatic beneficiaries in Florida, and can be disinherited.
You need to contact a Probate lawyer to review the matter over and confirm the situation so you can sleep at night. The children can still sue, but based upon the facts you presented I don't see where they would sucdeed.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
