Probate and bigamy

What is the name of your state (only U.S. law)? Florida

My FIL died last month. The deed to the house lists "John Smith and Sally Smith, husband and wife".

I have two questios:

1) With the above wording does his interest in the house pass to 'Sally Smith'? Or will it be subject to disribution according to the laws that govern an inestate estate?

2) There is a complication.. (maybe) Sally Smith is not really John Smith's wife. My MIL and FIL have been married since 1955. there has never been a divorce. John Smith walked out on his wife and children in 1972. They have never divorced. John and Sally married and have lived in a bigamous marriage since some time in the 1980's.

I won't get into the details here, but Sally knew that she was in a bigamous marriage.

Does the fact that John and Mary frauduantly list themselves as husband and wife in any way impact how the property is distributed?

Thanks

The husband and wife wording is not really that important--more important is the fact that SALLY's name is listed.

Does this man have a last will and testament that is being probated in court?

What is the house worth if it is were sold?

You need to telling your mother-in-law that she needs to be consulting with a probate attorney to find out what her rights are in this estate and to perhaps inform the probate court about the bigamous marriage so that this party may not be able to inherit everything.

DANDY DON IN OKLAHOMA ([email protected])

Dandy Don said:

The husband and wife wording is not really that important--more important is the fact that SALLY's name is listed.

Does this man have a last will and testament that is being probated in court?

What is the house worth if it is were sold?

You need to telling your mother-in-law that she needs to be consulting with a probate attorney to find out what her rights are in this estate and to perhaps inform the probate court about the bigamous marriage so that this party may not be able to inherit everything.

DANDY DON IN OKLAHOMA ([email protected])

Click to expand...

So far nothing has been probated. My husband has contacted an attorney to go to propate as an intestate estate. Than if there is a will, perhaps Sally would bring it forward.

We are not sure of the value of the home. I've looked at some of those on-line places to determine a ball park. But the values they are giving, compared to the mortage makes no sense at all. So this would have to be determined.

My bet is that his interest in the house passes to Sally no matter if there was a valid marriage or not. I was just wondering if it has to say somehting about joint tenancy or some words like that for Sally to automatically get the whole thing.

My MIL is speaking to an attorney... the attorney wants $5000 up front to represent her in probate to establish that she is the wife.

Mother in law should be interviewing 5-6 other attorneys and inform them she wants there services right now on a consultation basis only so that she can be charged hourly, as needed, instead of paying large retainer fee upfront.