When a decedent passes away without a valid Last Will and Testament, the decedent's estate is distributed pursuant to the laws of “intestacy”. In Florida, a surviving spouse is entitled to 100% of the estate of her deceased spouse when he passes away without a valid will if neither spouse has children.
Another way the surviving spouse has a right to inherit is through what is called the "spousal elective share." Under this statutory right, a surviving spouse may elect to receive thirty percent (30%) of the elective share estate rather than what the deceased spouse's Will left them.
The surviving spouse of a decedent possesses the strongest rights to an intestate estate as far as Florida inheritance laws are concerned.
Under Florida's intestate succession laws, when a husband dies and either the laws state that a wife has a right to 30 percent of her deceased spouse's estate,
In Florida, if you are married and you die without a will, what your spouse gets For children to inherit from you under the laws of intestacy, Florida must
When a person dies, his or her spouse has certain rights to the deceased person's assets. These rights are governed by the inheritance law of the state and might override the contents of a will. In Florida, a surviving spouse who was disinherited might be entitled to a share of the property of the deceased spouse.
Pretermitted spousal share of probate estate (Florida Statutes Section 732.301). if a person dies without a valid will (intestate), the surviving spouse is entitled
What are you entitled to when it comes to spousal inheritance? Who is a surviving spouse and what do they inherit when their loved one
Under Florida intestacy law, the surviving spouse in this scenario would normally be entitled to one-half of his estate. But one of the children–a
Unless there is a pre-nup, if your spouse passes, you have guaranteed inheritance rights. It is always best though to consult with a experienced Probate Lawyer.