Legal Question in Wills and Trusts in Florida

childs benefit

i am trying to help a friend.she has a 17yearold son,who just lost his father to cancer.his father was remarried,the home he lived in was in his&my friends name&still is.the father wanted the house left to his son.but had no will.does my friend have legal rights to the home since her name is on the title,and does the decased mans spouse also still have rights seeing as they were married?


Asked on 12/20/06, 7:00 pm

1 Answer from Attorneys
Kelly Henderson

Re: childs benefit

This is not exactly a yes or no question. You need to know what the marital settlement agreement between your friend and her ex-husband says about this property, if any thing. Depending on that your friend may or may not have rights to a share of the property. The current wife and the minor child certainly have some rights to the property if it was homestead of the deceased. I think this is a matter that needs to be discussed in detail with an attorney and I suggest the parties involved do that.

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Answered on 12/21/06, 10:34 am


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