Bradley, FL Estate Planning Law Firms & Lawyers

I can't answer all aspects of the problem, but the main point I can. Since the decedent was married when they married Spouse B, the marriage to Spouse B was not legal (void ab initio) and Florida does not have common law marriage. I had this happen once with a client of mine years ago in that the client got remarried before the final judgment of divorce. So they had to get married again to Spouse B after the divorce was final to make it legal. If Spouse B is a Florida resident, they can qualify to be the personal representative, but the parents would have better standing to serve and could request it. What will happen will depend upon the Judge, and any other opinions would require in depth research.

No, but he may claim for the value of the building, via a lawsuit, or for a share of the title by adverse possession. You are advised to seek litigation counsel specializing in real estate issues.

Only a living individual or their Power of Attorney can execute a quit claim deed. Upon death, the administrator/executor of the estate assumes control of the assets.