What are my rights if my wife passed away recently and we purchased furniture together during our marriage but her adult children feel they have a right to it?
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What are my rights if my wife passed away recently and we purchased furniture together during our marriage but her adult children feel they have a right to it?
We were married for 10 years.
Asked on July 5, 2013 under Estate Planning, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Sorry to hear about your wife.
If your wife died without a Will, the rules of inteatate succession determine inheritance. Intestate means dying without a Will.
Under intestate succession, you would inherit her entire estate which would include the furniture, because you are the surviving spouse. Under intestate succession, her children would inherit nothing.
If your wife left a Will, the provisions of the Will are controlling; however, if Florida is a community property state, the furniture purchased during marriage is community property and would go to you as the surviving spouse.
If Florida is not a community property state, other rules may be applicable if your wife left a Will.
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