No will

[scumcoast]

If never had a will, divorced after 20 years with nothing owned then remarries and buys a home with new spouse would the ex spouse have any rights to anything. Both ex and present spouse had children by him of which all are grown now. All parties in the state of Florida.

 

[advisor10]

SEPT. 18, 2001

DEAR SCUMCOAST:

What do you mean by the phrase "with nothing owned"--does that mean the first wife owned nothing or that the husband owned nothing? Is the husband now deceased?

Sorry, but the first wife has no claim on anything since her rights were revoked by the divorce.

Whether or not there was a will, the new spouse is entitled to at least 30% of the estate.

Is the house paid for in full or was he still making mortgage payments on it?

However, ALL of the children (from the first marriage and the current one) have a share in the estate, with possibly all of the children getting to split as much as half of the estate. To find out exactly what your children's rights are and what to do about it, you really do need to consult with a local probate attorney to get an exact interpretation of the law.

SINCERELY,

[email protected]