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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6779
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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I purchased 4 rental houses with my money, my husband name

Customer Question

i purchased 4 rental houses with my money, my husband name was put on deeds. he had no money he helped me fix houses to rent and to help pay for his keep he was unemployed. i made terrible mistake by not realizing his name would be on deeds. he kept pushing for me to tell him how much he was going to get in my will. in order to get his name off of 4 properties i gave him one in order to save 3 other properties. we sold all of properties and bought a home in Florida, what are my obligations to him/??
Submitted: 4 months ago.
Category: Estate Law
Expert:  Irwin Law replied 4 months ago.

Good morning. Based on your fact statement, I presume that all of your assets are now located with you in Florida and you are officially considered Florida residents. If the home you bought is in joint name, as Husband and Wife and/or with rights of survivorship, of course your spouse will inherit the home entirely upon your death. In Florida there is a obligation of spouses to financially support each other during their lifetimes. Florida law doesn't allow for the complete disinheritance of a spouse if the will was made while the couple was already married. However, if the will was made before the marriage, the surviving spouse may be disinherited.

A surviving spouse in Florida may take an elective share of the deceased spouse's estate. The surviving spouse is entitled to this share if the deceased spouse's will was made after the couple married and the will (1) disinherited the spouse, (2) omitted the spouse, or (3) left the spouse less than the elective share amount set by Florida law. The share amount is 30 percent of the deceased spouse's elective estate. The elective estate includes property and assets subject to Florida probate and certain non-probate assets or property, such as assets in a trust. A spouse who waived his/her right to an elective share in a prenuptial or postnuptial agreement can't take the elective share after the spouse dies. I hope this covers what you wished do know. If not, please send me a reply. Please enter a positive rating for my assistance. Thank you for using JUST ANSWER.

Expert:  Irwin Law replied 4 months ago.

Hello again. Do you have a follow-up question? I am not an employee of Just Answer and I receive credit for assisting you based on your rating. Please enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

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