Legal Question in Wills and Trusts in Florida

In the state of florida, as I understand it, if you are married to a man and you have lived with him in a home that is in his name and he dies without a will and he has a grown son from another marriage, the grown son from another marriage gets half of his estate but you are allowed to live in the home until you die then it goes to the son. My question is this, if there were no son from another marriage, but instead you and your husband had a son together and he was a grown man and you were living in a home that was in your husbands name, would that son be entitled to half of his fathers estate and you would be allowed to live in the home until your death and then it would go to the son?

Asked on 7/05/24, 9:32 am

David Slater David P. Slater, Esq.

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If I am reading your question correctly, no. The surviving spouse would be entitled to the home.

Answered on 7/05/24, 12:06 pm

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