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