Legal Question in Wills and Trusts in Florida

Husband died and left everything to his boyfriend

My husband died 10/2002. I was still legally married to him, but he left me and was living wirh another man. He has 2 mobile homes in his name only. One that our daughter lives in and one that his boyfriend lives in. He doesn't own the land (his father does) Well I thought that he didn't have a will, but his boyfriend does have one leaving him everything witnessed by an attorney (which was never filed) I thought that you could not disinherit a spouse in fla? Wouldn't an attorney have told him that? What are my rights?

Asked on 8/04/05, 9:58 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Husband died and left everything to his boyfriend

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.

A spouse does have spousal rights to thirty (30%) of the other spouse's estate even if nothing is left to you in the will.

I strongly suggest that you consult with an attorney who can review your rights and give you the necessary legal advice regarding your specific situation.

Scott R. Jay, Esq., 305-249-8000

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Answered on 8/05/05, 12:01 am

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