House in Probate

[above82]

Florida

My son living in his father's house has not gone through probate yet, his wife had him arrested for battery and now she claims that everything that is his is hers now. Since the house has not gone through probate yet, and is still in the father's name is she entitled to part of the house at this point? If they go through divorce is she also entitled to half the house?

 

[nextwife]

I'd suggest talking to the probate attorney about evicting the wife from the estate property and protecting estate assets still in the home from her removal of them. The house does not belong to son, it belongs to estate, thus it cannot belong to wife.

Unless marital funds are comingled into inheritance property\, inheritance property is considered a seperate not a marital, asset. As of now, it is neither, it is an estate asset.

And if son was responsible for attacking her physically, I suggest you get him counseling, because it's never ok to attack one's spouse.