Legal Question in Criminal Law in Florida

My husband and i have lived separately for the past 4 years. he was killed in a car accident in florida last month. the family is filing a wrongful death law suit and are trying to keep me in the dark come to find out. do i have any rights? we were married in 1999 and were never divorced?


Asked on 9/16/09, 3:06 pm

1 Answer from Attorneys
Richard Stoffels Stoffels Law Group

Since Florida does not recognize a legal separation, either you were married at the time of his death or you were not. However, your status as his spouse could be affected by a prenuptial agreement. You did not mention whether you executed any type of pre or post nuptial agreement. If you did so, that could significantly affect your rights. If you did not, you are an heir to his estate (a spouse cannot under Florida law completely ignore his/her spouse in his will, trust, etc.) and should be a party to any type of lawsuit that is pending.

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Answered on 9/16/09, 3:16 pm


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