I'm not in hubbys will but we have joint checking and savings. Does the house we live in and bank accounts become part of the estate?
And car? Guessing I should hire an atty his son is very money hungry needs all he can get. We live in the house and I drive the car. i am in florida. I Contribute 800.00 mnth to acct. do all the housework,cooking shopping chauffeur?
Yes, now is the time to talk with an estate planning attorney who understands the elder law issues in your state.
Each state has unique laws that grant rights and benefits to the surviving spouse. These special laws may give the surviving spouse some limited rights to set aside provisions of a spouse's will and claim the use or possession of assets, such as a house.
Rather than rely on those limited protections, the best approach for people who have remarried is: advance planning, with the help of an attorney in your state who can explain where you stand today, and how you can be protected at the time of transition. It’s best if each spouse has their own attorney to negotiate and protect the individual interests of each spouse. That protects you from unreasonable claims from family members who may try to say their parent wasn’t properly represented.
Here is a story of a couple who relied on unwritten arrangements, leaving the survivor to defend against serious claims.
I'd run not walk to a divorce atty., not to get a divorce but to get their expertise on what & how for you to secure your share of the assets of your marriage both now and if hubs should predecease you. Even if items are in his name alone, you can do things to attach to them for your own long term financial stability. If there are elder law issues they will have attys they work with on that front as well.
Sonny - the bloodsucking vulture - is likely just waiting for dad to drop....would you say that is accurate??
What the FL atty might be able to do is whatever is FL version of a "usafruct". In my state -Louisiana -these are done all the time for 2nd /3rd marriage situations. It's a way for hubs -with a totally straight face- to tell his kids from formerly wedded bliss #1 that he is leaving his property, beach house in another state, royalties, etc to them.......but if all is put as a usafruct, it will mean that wife #2 or 3 (and her kids or even their kids) continue to have full use of the assets during new wife lifetime or unless she decides to relinquish the usafruct (which likely means she gets a share from the sale of the asset to give up her usafruct... it gives her a legally binding negotiating position in her favor, comprende?). Usually some sort of small trust with an income stream is set up to deal with the basic costs of the property (taxes, insurance).
I can't add to all the good advice already given, but I would question why your husband did not include you in his will. It seems as though "hubby" got the better part of this marriage. Take control of your life and see that lawyer today!
Whether or not the house would pass directly to you, outside of a will, depends on how it's titled. Is the house in your name, his name, or both of you (a) as joint tenants in common or (b) as joint tenants with rights of survivorship?
Same issue with the car - how is it titled?
If your name is not on either title of the house or car, and you're not named as an heir in the will, unfortunately you won't be inheriting either one.
What is the "account" to which you contribute? For payment of the mortgage and house upkeep?
Based on your question, I think your husband is still alive. If he is and still have his mental capacity, see about making some changes to protect you. If the joint bank account has "Mr. and Mrs." then you both have to sign things. If it is "or" then you can take the money out and put it in another account with just your name. I would do this because it could be tied up in court if the son files a claim. Other than that, see a lawyer for the house and car.
The deed needs to show you both own the house. Any bank accounts need to have both names. DO NOT allow the son to be put on any bank accounts. He will be able to go in and clean u out. I would see a lawyer to protect ur rights. If u aren't on the bank acct, open ur own. I had an Uncle who lived with a woman who claims she put her money into his acct. She didn't have her name on the acct but the son did. When his Dad was hospitalized the son cleaned out the acct.
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Each state has unique laws that grant rights and benefits to the surviving spouse. These special laws may give the surviving spouse some limited rights to set aside provisions of a spouse's will and claim the use or possession of assets, such as a house.
Rather than rely on those limited protections, the best approach for people who have remarried is: advance planning, with the help of an attorney in your state who can explain where you stand today, and how you can be protected at the time of transition. It’s best if each spouse has their own attorney to negotiate and protect the individual interests of each spouse. That protects you from unreasonable claims from family members who may try to say their parent wasn’t properly represented.
Here is a story of a couple who relied on unwritten arrangements, leaving the survivor to defend against serious claims.
https://www.agingcare.com/articles/adult-children-sue-caregiver-176514.htm
Sonny - the bloodsucking vulture - is likely just waiting for dad to drop....would you say that is accurate??
What the FL atty might be able to do is whatever is FL version of a "usafruct". In my state -Louisiana -these are done all the time for 2nd /3rd marriage situations. It's a way for hubs -with a totally straight face- to tell his kids from formerly wedded bliss #1 that he is leaving his property, beach house in another state, royalties, etc to them.......but if all is put as a usafruct, it will mean that wife #2 or 3 (and her kids or even their kids) continue to have full use of the assets during new wife lifetime or unless she decides to relinquish the usafruct (which likely means she gets a share from the sale of the asset to give up her usafruct... it gives her a legally binding negotiating position in her favor, comprende?). Usually some sort of small trust with an income stream is set up to deal with the basic costs of the property (taxes, insurance).
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Same issue with the car - how is it titled?
If your name is not on either title of the house or car, and you're not named as an heir in the will, unfortunately you won't be inheriting either one.
What is the "account" to which you contribute? For payment of the mortgage and house upkeep?
Was this will written before the marriage? If so, there's your answer.
Another question is was the spouse influenced by this money hungry son? These are just some things to consider
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