QUESTION

my dad died in florida and owned 2 houses my stepmother claimed homestead on the one he lived in , is she entitled to any of the 2nd home ?

Asked on Apr 21st, 2013 on Estate Litigation - Florida
More details to this question:
the 2nd home is titled only in my fathers name , the reason I ask is she was estranged but they never divorced , he wanted to leave it to his kids and now she is fighting us for a part of it even though she claimed the other house under homestead
Report Abuse

1 ANSWER

if your stepmother was legally married to your father at the time of his death, she has certain spousal rights. The fact that they were estranged will not abrogate those rights. Your stepmother has certain rights to the "Homestead" real property. There can only be one Homestead. In addition, your stepmother has a right to the elective share. There are also some smaller and less significant rights she may have by virtue of the marriage. You should speak with a probate attorney in your area.
Answered on Apr 22nd, 2013 at 3:10 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters