Legal Question in Wills and Trusts in Florida

I just got married and have become very ill can my spouse still have a portion of my estate if i pass away even if i have a will? state Fl.


Asked on 1/20/10, 5:39 am

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Yes, your spouse will take under the term pretermitted. A pretermitted heir is a term used in the law of property to describe a person who would likely stand to inherit under a will, except that the testator (the person who wrote the will) did not know, or did not know of, the party at the time the will was written.

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Answered on 1/25/10, 6:24 am
Brent Rose The Orsini & Rose Law Firm

Yes, your spouse will get at least a portion of your estate. As a general rule (although I should add that the rules are very complex regarding spouses and inheritances), your spouse will get at least 30% of your estate.

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Answered on 1/25/10, 1:11 pm
Lesly Longa Longa Law P.A.

While what these attorneys have said is true, you may want to consider making a new will and making sure you have a living will, power of attorney, and health care advance directive set up as well. Regards,

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Answered on 2/04/10, 12:06 pm


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