Legal Question in Wills and Trusts in Florida
my mother and her second husband own a house and a condo in Florida.He died recently,so the properties will be in wife's name only.Do chidren from his first marriage will have claim to half of properties when my mother will pass away.I know they have his will where those properties are mentioned.
2 Answers from Attorneys
Unless there are other facts, assuming that the house and condo were owned husband and wife, the survivor gets the property. Upon the death of the survivor (wife in this case) it will go according to her Will, and without a Will, then to her family not his.
Prior to her death she may even sell it and not purchase property, but instead rent. The cash would be treated the same.
His children do not have claim to the property.
If their father left a will and they proceed to have it probated, there could be some estate going to them. It will depend really on what is in the will. If the current house and condo were owned as husband and wife, with rights of survivorship - the survivor will get the property. However, if it were owned solely in the husband's name prior to the marriage of the current wife, then perhaps the children from the first marriage may have a claim.
those things that your mother inherits - she may do as she wishes with them. If she wishes to sell or convey her interest to her children - then so be it.
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