Legal Question in Wills and Trusts in Florida

The intestacy statute provides for the spouse's share: (50% of the Estate balance to his children)

732.102 Spouse�s share of intestate estate.�The intestate share of the surviving spouse is:

(1) If there is no surviving descendant of the decedent, the entire intestate estate.

1(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.

1(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.

1(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.

Possibly. It depends if he had any assets, and if any of the assets are required to be probated. If so, then the children, without a Will, can have a intestate share of the probated estate along with the surviving spouse.

Check the county records to see if she filed a will to probate his estate. Fl Probate Stat 732.901 Production of Wills - custodian of will has 10 days after notice of death of the decedent to file the will.

If she does not then it is probably safe to say he did not leave a will adn you may claim one-half of the estate assets. His real estate property must be probated and you are entitled to file the probate if she does not.