Legal Question in Wills and Trusts in Florida
Next of kin
My wife recently passed away in the state of Florida, she did not have a will. Her mother passed away approximately two years ago in the state of Alabama,her will stated '' the proceeds of her estate will go to her surving children. I have been told''under Florida law, since my wife did not have a will, her share of the estate will go to our children''. Is this true?
1 Answer from Attorneys
Re: Next of kin
You will get something from your wife's estate. What you get depends on your family tree.
What you will get from your wife's estate is laid out in Florida Statutes 732.102. You can find the Florida Statutes online at the State of Florida's website, "Online Sunshine". Your wife is the "decedent". "Intestate" means there is no will.
Without knowing your family tree, I do not have enough information to determine what you get from your wife's estate.
Since you mentioned your mother-in-law, maybe you want to know what you get from her through you wife. When you mother-in-law died, her possessions passed on to her heirs, including your wife if she was still alive. If her estate wasn't probated (passed through court), then when it is probated your wife's share goes to your wife's estate. Then, when you probate your wife's estate, this will go to her heirs (including you).
If your wife owned a house or anything with a deed, then you should immediately probate her estate. Otherwise there will be big trouble later and you will have to go through probate to do anything with the deed - sell the property, talk to mortgage company, deal with property taxes. If a house or land is involved, then you absolutely need to see a lawyer to make sure that things are done once, done right. You do not want a surprise later.