my father owned a property before he got married, does the new wife have any right over the property?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 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.
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