Spouse's rights
Question Details: Our house is under my wife's name and she has named our children as beneficiaries in event of her death, leaving me out of it. I don't think it will happen, but in such an event, can the children force me to leave the house? What are my spousal rights?
Wills, Trusts, Probate Law Answers
As a spouse, you have an automatic life estate.
Under Florida law, you would be granted a life estate as the surviving spouse.
Florida also has something known as the "elective share". It provides surviving spouses with a portion of a deceased spouse’s estate according to a detailed formula, based on the probate and non-probate assets of the deceased. If the surviving spouse is displeased with the inheritance created by the estate plan, they can instead take the Florida elective share, if the election is made in a timely manner. Under Florida law, the elective share is 30% of the elective estate (if timely made). So it would appear that you would also have some ownership share in the property.
Since this can be a highly complex legal matter, your best bet is to sit down with a local attorney and have them advise you of your rights under state law.
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