Are you entitled to a portion of what your spouse inherits?
In Florida, the law is very clear in that what you inherit is yours to keep upon getting a divorce.
Attorney Tom Olsen: Mary, you're on News 96.5. Go ahead.
Mary: Good morning.
Attorney Tom Olsen: Hey Mary.
Mary: I have a question. I am married 33 years. We just sold our house and my husband and I are going to be separating. His mother is still alive and I'm wondering, when she does pass, if legally I am entitled to any of the inheritance money that he will be getting from her if we are still married at the time.
Attorney Tom Olsen: The answer would be no, Mary. The only way you're going to get a part of her inheritance is if she specifically mentioned you in her will. If she's leaving everything to your husband, Florida law is very clear that what he inherits from hers is his to keep.
Mary: Even though if we're still married?
Attorney Tom Olsen: It would not make a difference, even if you're still married, Mary.
Attorney Tom Olsen: Okay Marry.
Mary: I appreciate it.
Attorney Tom Olsen: Thank you for calling.
Mary: Thank you.
Attorney Tom Olsen: We appreciate it.