Wesley Chapel, FL asked in Probate for Florida

Q: Can my dead sister's husband claim my sister's inheritance?

My mother owned a piece of real property when she passed away. There was no Will. There were two lineal descendants which are my sister and I. My sister and her husband moved into the house. We never made a claim of the inheritance with the courts. My sister passed away with no lineal descendants. Now the husband is making a claim to the property. Does he have a legal claim to the property?

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2 Lawyer Answers
Romy B. Jurado
Romy B. Jurado
Answered
  • Probate Lawyer
  • North Miami, FL
  • Licensed in Florida

A: Hi, he may have a claim, but you may have one too. You should meet with a Florida Probate attorney to examine the dates and facts to determine your rights and actions you must take.

Nina Whitehurst agrees with this answer

Mr. Long H. Duong
Mr. Long H. Duong
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: Based solely upon the facts you've presented and assuming the property is still legally titled only in your mother's name, you have at least a 50% interest. The other 50% may eventually go to your sister's husband through a probate administration of her/your sister's estate. You should definitely consult with a probate attorney.

Seril L Grossfeld and Lauren Nagel Richardson agree with this answer

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