Legal Question in Wills and Trusts in Florida

Terminal ILL Spouse keeps changing Trust & Lies

My terminal husband of 1 yr(we lived togthr 5 /10yrs datng) has me on his compnys insrn as an employee for5yr, even though I am not, for$.I do not have coverage of my own and broke my leg 2 yrs ago from a home accident caused by him, I begged him to make a HOclaim, he would not. I was crippled for a year with 2 rods & 14pins, still painful & used my savings while my mom took care of me. While recently working I was rear-ended at a stop light & have serious neck/head/back issues. I hired an attorney for the wreck. We do not comingle any funds & we live in his mortg Hmst condo he willed to me 4 yrs ago when he bought, but changed all assets/stocks to a trust(to/his attorney) 1 year ago w/out my knowing after we married when diagnosed with cancer. His 2 adult kids get 35% each & a right to surv. of condo & I get 30% of trust & can live in condo for 1yr- this changes mnthly depending on his mood,RX Chemo& temper. He is bipolar/ADHD. He has over 100K in credit debt as main holder w/2kids and 2friends using cc ,(Ihave none) owes 130Kmort w/$500 mnthy assoc. dues. I have 0 credit card debt,good credit & rent out my 10 yr. old house w/$70,000mortg/no hmst. I buy groceries,persl items, condo repairs& imprvmt w/ my $. What are my rights?


Asked on 4/06/08, 1:11 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Terminal ILL Spouse keeps changing Trust & Lies

Sounds like he does not have much in the was of net assets. As the wife, you get 30% of the assets of the estate as what is called the "elective share." If the house is in the trust, it will be controlled by the terms of the trust.

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Answered on 4/06/08, 1:41 pm


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