spouse died without a new will

by Guest » Tue Mar 11, 2014 02:14 am
Guest

my husband of 5 years passed and his last will was from 2007 listing his biological son to receive all his assets in the event of his death. Do I have any rights to our home? or his fathers assets or does it all automatically go to his minor son?

Total Comments: 3

Posted: Wed Mar 12, 2014 05:57 pm Post Subject:

LHAT3,

A Last Will and Testament only controls assets that are owned in your husband's name ONLY.

IF the home was just in his name then yes in will go to his son. If you owned the home as husband and wife ( tenants by the entirety) or as joint tenants with full right of survivor then the home is yours because your husbands joint ownership died with him.

As far as the son being a minor that throws another complication into the equation as to who controls the minor's assets until he's of legal age...usually the mother.

One more thing...at least in Florida...a surviving spouse has the right to live in the homestead home for her natural life...only after her death would the home go to his son.

Bottom line.... you need to talk to an Estate Planning attorney.

Posted: Tue Jun 24, 2014 05:35 am Post Subject:

Each and everything will go to your husband's son for which your husband have ownership alone. If you have partnership in home, then it is yours otherwise it will go to his son.

Posted: Tue Jun 24, 2014 07:27 pm Post Subject:

Each and everything will go to your husband's son for which your husband have ownership alone. If you have partnership in home, then it is yours otherwise it will go to his son.

We don't know in which state this takes place, and if in one of the nine community property states, your answer could be somewhat incorrect.

Gary Spicuzza provided a much more appropriate answer.

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