Legal Question in Wills and Trusts in Florida
Death before divorce.
If a husband and wife are getting a divorce but before that happens he dies, does she get everything? Even if he has drafted a new will with her out of it?
2 Answers from Attorneys
Re: Death before divorce.
NO-BUT SHE HAS SOME MARITAL RIGHTS BECAUSE THE DIVORCE IS NOT FINAL.I WOULD SUGGEST YOU E-MAIL YOUR PHONE NUMBER TO DISCUSS IN GREATER DETAIL.(TIME IS IMPORTANT)
Re: Death before divorce.
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If the parties are still married at the time of the death, the wife will be entitled to her intestate share which is 30% of her husband's estate despite the new will leaving her presumably nothing.
Scott R. Jay, Esq.