Legal Question in Wills and Trusts in Florida

probate

my mother bought a house with my father when they divorced my father signed over 1/3 of the equity of the value of the home to my mother. i am thier only child. later she remarried and never put this house under her new married name nor did she place her new spouse on it. she passed without writting a will now the house is in probate. is there anything i can do to not let her new spouse get a share of what my mother and father built together and was suppose to be left for me and my sister?


Asked on 7/16/07, 4:35 pm

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

Re: probate

no

Read more
Answered on 7/16/07, 4:44 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: probate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Probably not. A spouse has certain rights in the marital residence and personal property contained therein. Further, the surviving spouse can claim a spousal interest in the decedent's estate which is equal to 30% of the estate unless there was a prenuptial or postnuptial agreement in which the parties specifically agreed otherwise.

Scott R. Jay, Esq.

Read more
Answered on 7/16/07, 8:08 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida