Can someone contest their spouse’s Will if the spouse didn’t leave them the house/car?

They left them to their grown children.

Asked on August 1, 2014 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the house or car was in both spouse's name (e.g. the house was owned jointly), then they can't be given to the children: when property, like a house, is owned jointly, it automatically becomes the sole property of the survivor when one of the owners/spouses passes away.

If it was not owned jointly, then the deceased spouse could leave it to grown children--the law allows spouses to be disinherited, in whole or in part--and the surviving spouse most likely does not have valid grounds to contest it.

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