Legal Question in Wills and Trusts in Florida

I got a divorce about a year ago my exhusband died recently but did not change his will I am still on it and we have one daughter who is on it after my death do I still get the estate.


Asked on 10/03/12, 9:41 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Unless there is a new wife who was not taken into account, you get whatever share you were allowed.

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Answered on 10/03/12, 10:09 am
Lucreita Becude Lucreita D. Becude, P.A.

Not sure I agree with Mr. Stein. Once your are divorced, you are no longer considered a surviving spouse. Therefore you can not take from the will under that designation. HOwever, if the decedent left you a specific bequest, ie jewelry, furniture, - then perhaps you could make a claim.

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Answered on 10/04/12, 4:57 am


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