Do I have rights to estate of my deceased husband if he left all his estate to his son?

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Do I have rights to estate of my deceased husband if he left all his estate to his son?

I have been married to him 5 years and after we have been divorced?

Asked on August 12, 2015 under Estate Planning, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your husband can leave his estate to anyone he chooses, however, he cannot give away something that it is yours.  For example, if you and he had a home with "rights of survivorship", then the house would pass automatically to you on his death.  Even if your husband tried to transfer the house to his son... he would not be able to do so.  If you had other assets that were community property, he could only gift his share of the community property---not your share of the community estate.  You really need to reach out to a probate attorney to help you figure out what he gifted and what he was legally allowed to gift... this is necessary to protect your interests in your share of the estate.


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