What is the name of your state? Florida/Arizona
My wife and I lived in Florida and were in the process of moving to Arizona. We had a contract to lease a house with the option to purchase within 45 days. We are fairly young, had been only married a couple of years and never made wills. We have maintained a Post Office Box in Arizona for eight months. Because of lingering greed from my ex-wife, the house we purchased in Florida was in my wife’s name, even though the state of Florida considered it my homesteadalso. It was purchased with money from the sale of my wife's previous house and with some of my money. All our income was from Social Security disability, VA disability and military retirement. My income was greater by far and I paid the mortgage on the house, even though it was in her name and most of the bills. We sold the house and the moving company packed up our possessions. The sale of the house was completed Monday morning and the money wired to my wife’s Arizona bank account.
My wife had received a kidney transplant 10 months ago and experienced complications. She had been hospitalized in Florida for the past month and transferred to a hospital in Arizona last Friday. She died Monday evening.
Regarding our assets, our unwritten agreement with each other was if one of us died, the other would let the children take any family and sentimental related items. I have one child and she has two. When the other died, the other children would take family and sentimental items of the other parent. The remainder of our property would be sold and split between all the children.
My wife’s brother, knowing there was no will, is now talking about my wife’s children getting at least half, if not all of the money from the sale of the house since it was in my wife’s name and the money is in her bank account. I don't think he is being greedy, just looking out for her kids. I consider this money "ours" and am relying on it to buy a place to live. When I die, I intend to split the property equally between the children.
I don’t know what state will handle her estate. We lived in Florida for 33 months, but had an Arizona mail box and my wife died in Arizona? Do her children have any legal justification to try and take the proceeds from the house? Since there was no will, what legal steps do I need to take to take possession of what we considered ours?
My wife and I lived in Florida and were in the process of moving to Arizona. We had a contract to lease a house with the option to purchase within 45 days. We are fairly young, had been only married a couple of years and never made wills. We have maintained a Post Office Box in Arizona for eight months. Because of lingering greed from my ex-wife, the house we purchased in Florida was in my wife’s name, even though the state of Florida considered it my homesteadalso. It was purchased with money from the sale of my wife's previous house and with some of my money. All our income was from Social Security disability, VA disability and military retirement. My income was greater by far and I paid the mortgage on the house, even though it was in her name and most of the bills. We sold the house and the moving company packed up our possessions. The sale of the house was completed Monday morning and the money wired to my wife’s Arizona bank account.
My wife had received a kidney transplant 10 months ago and experienced complications. She had been hospitalized in Florida for the past month and transferred to a hospital in Arizona last Friday. She died Monday evening.
Regarding our assets, our unwritten agreement with each other was if one of us died, the other would let the children take any family and sentimental related items. I have one child and she has two. When the other died, the other children would take family and sentimental items of the other parent. The remainder of our property would be sold and split between all the children.
My wife’s brother, knowing there was no will, is now talking about my wife’s children getting at least half, if not all of the money from the sale of the house since it was in my wife’s name and the money is in her bank account. I don't think he is being greedy, just looking out for her kids. I consider this money "ours" and am relying on it to buy a place to live. When I die, I intend to split the property equally between the children.
I don’t know what state will handle her estate. We lived in Florida for 33 months, but had an Arizona mail box and my wife died in Arizona? Do her children have any legal justification to try and take the proceeds from the house? Since there was no will, what legal steps do I need to take to take possession of what we considered ours?