Legal Question in Wills and Trusts in Florida

Is it true that Florida Law disregards a persons signed Last Will and Testament due to a Florida Law that states the wife gets everything from her husband...no matter what? Please and thank you.


Asked on 10/20/09, 7:56 am

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No. The wife does not get everything. The wife (or husband) can eklect to receive the first $50,000 and then 30% thereafter instead of the will, however.

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Answered on 10/20/09, 8:26 am
Lesly Longa Longa Law P.A.

No. You can review the Florida Probate Code at Florida Statutes Ch.731-739. It may be best to speak with an attorney and have her help you draft a will and explain Florida law to you. Regards,

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Answered on 10/20/09, 11:05 am
Frank J. Pyle Probate Attorney Throughout Florida

No, although a surviving spouse has a right to a percentage of the estate, as well as a life estate in the homestead.

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Answered on 10/21/09, 5:03 pm


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