Legal Question in Wills and Trusts in Florida

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?

Asked on 11/10/19, 9:00 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Your conclusion presumes NO will AND some assets in his name alone. You need to hire an attorney and determine the asset status.

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Answered on 11/10/19, 10:55 am

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