in fla if a wife dies with will and husband survives does he get everything

wife wills belongs to one unrelated person and survivor husband doesn’t agree. After death of wife, can husband do as he pleases with estate

Asked on October 26, 2017 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  So under Florida law you have rights as a spouse but you need to seek legal help in your area as soon as possible becuase there are short deadlines.  If you and your wife hold property jointly as Husband and Wife that property passes to you automatically.  If you own a home there are homestead rights.  If your wife wrote the Will before you were married you have rights as a "Pretermitted Spouse" and if she tried to cut you out you can Elect against the Will.  Good luck.

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