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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Answers:

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

Answered 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption