Legal Question in Wills and Trusts in Florida
My father married another women after after my mothers death. They were married for almost 7 years. February this year my father past away living in Florida.. The women never showed any will and has kept inheratence money given from my grandmother and all my fathers things. What is the florida law when a spouse passes away, does everything go to the wife, and how can we get a copy of his will.
2 Answers from Attorneys
When a person dies without a Will, distribution of probated assets is by Intestate Succession. In this case 1/2 goes to the surviving sposue and 1/2 goes equally among his children. Also, the surviving spouse gets a life estate in the homestead.
If assets are owned jointly or tenants by the entirities (Husband and Wife) then it goes to the survivor. In that case it is not a probated asset.
A Will can opt you out of the default Intestate Succession laws, but without a anti-nuptial agreement, the surviving spouse cannot be fully disinherited.
Florida law requires that 10 days after the death of someone their Will is to be deposited in the Court. Now that normally doesn't happen that quick, and the court will accept it beyond the 10 days without penalty.
The issue becomes if they don't deposit it at all. In that case you have to file a Petition with the Probate Court compelling the person to file it. Of course they can deny that there is one, but that could result in prejury.
Mr. Kaplan is correct - the rest of the question is that in order to get a copy of the Will, you can request to see it from the courthouse in the county which he died.
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