Can an Estranged Spouse Claim a Share of an Estate
My question involves estate proceedings in the state of: Florida Lee County
He owned a home free and clear. After acquiring the home he got married. She was never put on the deed. After 1 1/2 years she left him. That was 10 years ago and there was no contact for that entire time. My brother had a will and left his house to his 5 siblings. He had no children. He specifically said in the will that his wife, they never got a divorce, was to get nothing. She has come forward now and is trying to claim a life estate status on the home. Can she succeed? What defenses can we use? This was our parents home and this troubles us greatly.
Re: My Brother, Who Lived in Lee County Florida, Passed Away Recently
Unfortunately, FL went a little gung-ho on protecting surviving spouses. If he made the will while they were still married, she has the law on her side with regard to the life estate. She is also entitled to part of the estate.
Re: Can an Estranged Spouse Claim a Share of an Estate
Quote:
Quoting
johnhold
She has come forward now and is trying to claim a life estate status on the home. Can she succeed? What defenses can we use? This was our parents home and this troubles us greatly.
Then I suggest that you and the other siblings pool your money and buy her off since it appears to be a distinct possibility that she might succeed in Florida.
Re: Can an Estranged Spouse Claim a Share of an Estate
The statute makes no distinction for a spouse that is “estranged.” Either you are married at the time you die or you are not. If you are, then the surviving spouse is entitled to the statutory protections given to spouses (which in part are meant to ensure they are not left homeless and penniless and on state welfare rolls). If he did not want her get anything then he ought to have divorced her, as soon after she left as possible. He did not do that, and that may mean his will won’t have the effect he hoped. The estate personal representative will need to consult a probate attorney in Florida to make sure he or she gets the distribution right because this has litigation written all over it. One way or the other, the person who feels short changed here may well sue trying to change the result.
I’m going to guess he wrote the will himself and didn’t bother to consult an estate planning attorney. For future reference, this kind of thing is exactly why it is a good idea to get advice from a lawyer rather than using some do it yourself will kit — what you don’t know about your state’s will and probate laws could screw up your entire plan. If he did consult an attorney and the attorney did not advise him about the problem with the will, well, that would appear to be a good example of malpractice.
Re: Can an Estranged Spouse Claim a Share of an Estate
Guess what else she can collect, since they remained married for more than 10 years?
Social Security survivor's benefits when she turns 60.
I'll bet she knows that, too.