Legal Question in Wills and Trusts in Florida

If a married woman has in her will to have her home divided among her children. But they have a husband who is not the father of the children. The spouse has one biological child. The woman passes away and the surviving husband puts his only child on the title of the home. Who has legal rights to home.


Asked on 4/26/10, 2:33 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Her will should go to probate to determine the rightful heirs.

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Answered on 5/01/10, 9:19 pm
Kellen Bryant Law Office of R. Kellen Bryant, P.L.

How was the house titled with the married woman was alive? Married woman's name only, then the house should go through probate and it will be split with the husband owning one half and the married woman's children equally owning the other half. If the home was in both the married woman and husband's name before her death, then the surviving husband is the sole owner of the house and can do what he pleases with it.

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Answered on 5/02/10, 12:21 pm


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