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  1. #1
    Join Date
    Apr 2012

    Default Spouse's Inheritance Rights in Florida

    My question involves estate proceedings in the state of: Florda
    My friend's husband just passed away. They are both Fl. residents. They recently sold their home, net proceeds of $350K, and he entered into a construction contract to build another home here in Fl.
    He entered the contract w/ title in his name only. His will is on the docket for probate, but not finalized. Is she, by Florida's survivorship/dower rights, entitled to the new home under construction.
    He has two daughters by prior marriage, and has named them as co-benificiaries in an irrevocable trust. Does my friend have to file for her right in probate, or does she lose her equity from the sale of the previous sale, and/or the benefit of the value in the new home ?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Spouse's Inheritance Rights in Florida

    Are you stating that the house (under construction) was placed in an irrevocable trust, with the stepdaughters as the sole beneficiaries of that trust?

  3. #3
    Join Date
    Apr 2012

    Default Re: Spouse's Inheritance Rights in Florida

    The house under construction was in his name and not jointly w/ his wife. By will, his assests are apparently directed equally, among his wife and two daughters, into an Irrevocable Trust. The question
    I have is, does the wife have a dower/survivorship interest, by FLorida Law, to the property, or does she become an equal benificiary w/ her step daughters, and have to file w/ Probate Court ? The deceased husband has apparently used the net proceeds from their previous Fl. home to buy the lot and start construction.

    Thanks for your reply.


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