What happens when a husband dies and leaves his estate to his children istead of his wife?
Full Question:
If spouse dies and makes no provisions for wife, and they are married and living together, and he has left his entire estate to 4 children, will wife automatically inherit 30% of estate, including properties owned in Virginia, and any bank accounts out of the state of Fl.? Both spouse and wife are Florida Residents.
09/21/2007 |
Category: Wills and Estates |
State: Florida |
#8932
Answer:
Based on the information provided, or nature of the matter, we are unable to assist over the Internet. It would probably be best that you consult a local attorney for assistance with this, who can review all the documents and facts involved. The following are FL statutes:
732.301 Pretermitted spouse.--When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:
(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;
(2) The spouse is provided for in the will; or
(3) The will discloses an intention not to make provision for the spouse.
The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805.
732.201 Right to elective share.--The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent as provided in this part, to be designated the elective share.
732.2065 Amount of the elective share.--The elective share is an amount equal to 30 percent of the elective estate.
