What are my rights if my wife passed away recently and we purchased furniture together during our marriage but her adult children feel they have a right to it?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if my wife passed away recently and we purchased furniture together during our marriage but her adult children feel they have a right to it?

We were married for 10 years.

Asked on July 5, 2013 under Estate Planning, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sorry to hear about your wife.

If your wife died without a Will, the rules of inteatate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, you would inherit her entire estate which would include the furniture, because you are the surviving spouse.  Under intestate succession, her children would inherit nothing.

If your wife left a Will, the provisions of the Will are controlling; however, if Florida is a community property state, the furniture purchased during marriage is community property and would go to you as the surviving spouse.

If Florida is not a community property state, other rules may be applicable if your wife left a Will.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption