[jammie232]

I'm writing for a friend of mine. She's been living in NY and then Fla with a man for
Over 16 years. He left his pension to his wife and his life insurance to his kids.
And his ex gets his social security. Does my friend have any legal rights to
Anything? He never divorced his wife because of the health benefits. Me, I'd
Never live with a man who didn't consider me first and divorce his wife.. anyway...
She's asking my advice and I don't know the law.

I meant to write wife in the subject but could change it.

[ebaines]

I suggest that she contact an attorney in FL to see if she has any recourse. I believe that the pension and life insurance are controlled by his explicit written directions, so she can't do anything there. He had 16 years to change what would happen to his pension when he died, and failed to do anything, so presumably his wish was for the wife to get the pension. And since he is legally married the SS will indeed go to the wife. But what about any other assets? Did he have a house, a car, savings account, or any other investments or savings? Did he have a will? If no will, then his estate will be split between his wife and kids, per FL rules for people who die intestate. If the house is in his name, then your friend may find herself out on the street - so again, she should find an attorney versed in FL estate law.

[stinawords]

No, she has no legal right to anything. He was married and she was a roommate. Even if they had an affair going on he was married and he had plenty of time to change things if he wanted them changed. He obviously didn't. So, she is only entitled to things that she was also owner of (right of survivorship).

[this8384]

And I'll throw in that this is not an "exwife." If he was never divorced, then it was his wife and without any legal documentation stating otherwise, she is the legal heir to anything and everything he left behind.