my father owned a property before he got married, does the new wife have any right over the property?

UPDATED: Jul 11, 2019

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my father owned a property before he got married, does the new wife have any right over the property?

My father owned a property for several years then he got married and after 5
years he was diagnosed with Alzheimer, soon after he passed away without a
will, the property is only in his name, now my question is if the new wife has any
right over the property? she never worked or invested any money on the
property. and during his illness he was financially supported by his pension
thank you

Asked on July 11, 2019 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When there is no will, the deceased's estate passes by "intestate succesion," which is the rules for who gets what when there is no will. In your state (Florida), when there is a surviving spouse and children who are not from/with that spouse, the spouse inherits 1/2 of everything, the deceased's children inherit (share among them) the other 1/2 of everything. So the wife does get a 1/2 ownership interest in the home.

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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