Legal Question in Wills and Trusts in Florida

Depending on the nature of his estate, the only option may be probate. An attorney will

be required to assess the situation. If the homestead is only in his name, probate will be

required, and Florida intestacy law may apply.

Probate may be required, but without examining the assets, that is impossible to tell.

If probate is required, the intestacy laws apply, and generally it looks like the wife gets half and the children get the other half.

Florida doesn't care about separation. It only cares if the person was legally married or not when it comes to probate.

Mr. Kaplan is correct. Sorry to hear of your loss. Sadly without the divorce papers in hand, this spouse is considered the wife of the decedent. The intestate laws will allow her one half and one half to the surviving children of the decedent. If I can be of service, please contact my office for an appointment.