Former Nascar Driver is Killed in a Crash: Will his Fiancé Inherit?

Are there property rights for a fiancé in the Florida probate process? What probate property rights do I have if my fiancé dies? What rights do I have if my husband dies? Do I have the same rights as a spouse if I wasn’t married but lived with my significant other for years?

Surviving Spouses Have Rights in the Probate Process in Florida

• Although probate attorneys understand that the loss of a spouse is very difficult, there are valuable property rights for a widow that you should be aware of.
• You should know that a widow is viewed as very important under Florida inheritance laws so there are probate rules to protect the widow.
• A widow may have rights to bank accounts, brokerage accounts, a family residence, retirement accounts, personal property, and cash.
• These property rights are only available to surviving spouses.
• What does this mean?
• This means that these rights are available to a surviving husband or surviving wife.
• Florida does not have a common law marriage. However, Florida may recognize a common law marriage from another state.
• A trust and estates litigator can tell you that these rights are only available to people with a valid marriage.
• But what if I lived with someone in Florida for 10 years?
• What if we acted like we were married?
• What if I was about to marry my fiancé but he died before I could?
• Unfortunately, you are not a surviving spouse and are not entitled to the same rights.

Former Nascar Driver Dies in a Race: Will His Fiancé be Left With Nothing?

• According to an August 8,2016 article in MUR9 abc, former Nascar driver, Bryan Clauson, died unexpectedly during a race.
• “Clauson was considered the nation’s top short-track dirt-car driver. He has won four USAC national championships and was participating in his 116th race of the season on Saturday night.”
• At only 27 years old, did Clauson have a will or trust?
• As of now, it seems to be unknown but, hopefully, he did if he intended to leave anything to his beloved fiancé.
• To read the entire article, click here.