Asked in Estate Planning

Q: What am I in titled to as a surviving spouse?

His will leaves my the right to live on the property but not own it. I have put much money into the property and would rather have half and leave the rest to his grown children. What are my rights?

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
  • Estate Planning Lawyer
  • Oklahoma City, OK

A: You need to talk to an experienced probate lawyer in your state. In many states, the surviving spouse may have a "forced share" of the decedent's estate even if the decedent tried to disown or limit the spouse's share. Also, you may have a homestead interest in the marital residence that entitles you to live there until your death or abandonment of the property. can help you find attorneys near you. Many offer free initial consultations. Good luck.

Matt Fleischer agrees with this answer

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