Do I have rights to estate of my deceased husband if he left all his estate to his son?

UPDATED: Sep 29, 2022

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Do I have rights to estate of my deceased husband if he left all his estate to his son?

I have been married to him 5 years and after we have been divorced?

Asked on August 12, 2015 under Estate Planning, Florida


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your husband can leave his estate to anyone he chooses, however, he cannot give away something that it is yours.  For example, if you and he had a home with "rights of survivorship", then the house would pass automatically to you on his death.  Even if your husband tried to transfer the house to his son... he would not be able to do so.  If you had other assets that were community property, he could only gift his share of the community property---not your share of the community estate.  You really need to reach out to a probate attorney to help you figure out what he gifted and what he was legally allowed to gift... this is necessary to protect your interests in your share of the estate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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