Legal Question in Wills and Trusts in Florida

I was married 22 years and divorced in Minnesota, My ex got the Florida house with no house payment while i had to refinance up in Minnesota and are paying for both houses. I have been divorced for 5 years and he passed away 1 year ago and left the house to his friend, Can I get my Florida house back and contest the will.

My ex had residency in Forida when he passed.


Asked on 9/03/14, 6:22 am

3 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

It will largely depend on your divorce settlement or order and you may need to consult with your divorce attorney in Minnesota. Whether he can legally leave property to another person will depend on how his ownership of the property is on the deed.

If you are still paying a mortgage on the property you should also consult your divorce order/agreement to see if you are obligated to pay the mortgage if the property is transferred to someone else.

Once you make the determination of your rights through the Divorce you should contact a Florida attorney to assist you further. One thing to keep in mind is that if your husband dies more than a year ago, if a probate was opened you may have passed the time frame in which you can bring a claim against the Estate.

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Answered on 9/03/14, 6:36 am
David Slater David P. Slater, Esq.

Without reading the divorce decree, no one can answer properly.

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Answered on 9/03/14, 8:35 am

I agree with the previous answers from my colleagues. An attorney would need to review all the facts, especially the Divorce Decree, in order to provide you with an accurate answer.

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Answered on 9/03/14, 5:05 pm


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