I have houses in my name only in florida what shoud it hapen if I die without a will

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I have houses in my name only in florida what shoud it hapen if I die without a will

I have wife and one child 4 year old

Asked on October 31, 2016 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In FL, a surviving spouse will receive the entire estate if they and their deceeased spouse had children together and neither the deceased spouse nor the surviving spouse had any other children. If the deceased spouse is survived by both a spouse and children and any of the children is not also a child of the surviving spouse, then that spouse is entitled to 1/2 of the estate and the children share the balance. You may just to add your wife to the deed or set up a Trust. At this point, you may want to consult directly with a local probate atorrney. 


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