My father just passed away in Florida with no will. He is married and his spouse survives him. They have no children in common. I believe his wife is assuming the estate is hers. However my understanding of Florida law is she is only entitled to 50% and his remaining children are entitled to the other 50%. Is there a mechanism in place in Florida that will force his spouse to follow the law or will his children have to hire an attorney?
1 Answer from Attorneys
Your conclusion presumes NO will AND some assets in his name alone. You need to hire an attorney and determine the asset status.