Q: My husband wants to leave his half of our modest estate to his children from his first marriage. Can he do this?
We have both worked throughout our marriage (22 years) with approx. 50/50 contribution to net worth. I am still working, he is not (he is 61). He has placed many of our investment accounts in his name only (he manages our money). Since I am working I feel like I'm funding his children's inheritance rather than securing my retirement. Does the law allow this to happen?
I have no children.
A: He may think that he can do that but under Florida Law you have substantial rights as a spouse and or as a surviving spouse as it relates to your homestead, at minimal you will be entitled to a life estate in the home or you can force a sale and collect 50% of the value, also, as a surviving spouse you are minimally entitled to 30%-50% of the estate no matter what your husband decides to do and even more when you consider all your options related to (Homestead, Spousal Elective Share, Family Allowance, Exempt Property just as a few examples) and this is the case as long as you did not sign a premarital or postmarital agreement saying otherwise. While your husband can leave assets to his children from a previous marriage, you will have substantial rights that would still defeat those designations. You will and likely should speak with a Florida estate planning/probate attorney for additional feedback and details.
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