Legal Question in Family Law in Florida

I am still maried to my wife i will soon be going for a divorce. In the meantime i wish to make a will and want to leave her out. Can i do this???


Asked on 2/09/11, 3:57 pm

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

You can but if you die before a divorce, she will get an elective share and the house.

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Answered on 2/09/11, 4:02 pm
Elliot Goldstein Law Offices of Elliot Jay Goldstein

Although it has been about 8 years since I stopped doing wills, I am certain that as long as you remain legally married to her, she can opt to claim a statutory share of your estate, which will be a significant portion of it.

I suggest getting a divorce now. If the marriage is over, why the delay? If you have more financial resources than her, delaying the filing may strenghten a potential alimony claim.

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

When you are ready to move forward with your divorce, if your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.

Feel free to Google me.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 2/10/11, 4:30 am


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