Under Florida law, there are a couple of ways that a spouse has inheritance rights. First, there is the right which arises regarding the homestead. If a married person dies owning a home as their primary residence (and titled in their sole name), the surviving spouse will have certain rights to the home depending on whether there are children.
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You can think of Florida inheritance law as being in two camps. One camp includes all the rights of family members created by Florida probate law. Secondly, Florida inheritances are created by the intent of a Florida resident who decides to leave money or property to you when he or she dies.
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At L. Bruce Swiren, P.A., Attorneys at Law, our lawyers have over 35 years of combined experience handling out of state probate cases in the Orlando, Florida, area and throughout the State of Florida. The out of state probate process is not optional.. If you want to distribute ownership of the property, sell or mortgage the Florida property.
Many couples choose to make their home in Florida later in life. However, moving to another state can affect the validity of a will. While many out-of-state wills are not completely invalidated in Florida, differences in estate laws could affect the content of your will and how your property is distributed.
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