QUESTION
Can a living spouse claim an estate if everything was left to the grandchildren?
Asked on Jun 27th, 2011 on Estate Planning - Florida
More details to this question:
If someone has a will and estate that is left to grandchildren, can a living spouse claim the estate? What if the spouse does not show a will and the grandchildren find out after the fact? Is there legal recourse? If the living spouse can get the entire estate then why make a will?
2 ANSWERS
Glen Edward Ashman
Since you left out what state this is in, your post cannot be answered well. Which state this is matters greatly. In most states one cannot completely disinherit a spouse, and in many states a spouse can claim some (or all) of an estate before a will is probated. If you have a concern with this, you would want to retain counsel to determine your rights in your state.
Answered on Jun 29th, 2011 at 10:26 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
A spouse has a legal right to claim all jointly held assets and an elective share if they do so timely. You should review your situation with a Florida Estate Planning Lawyer to see what rights you have.
Answered on Jun 29th, 2011 at 9:27 AM