Legal Question in Wills and Trusts in Florida
My father passed away and had an IRA pension plan. He did not have a Will so under Florida Statutes Sections 732.102 and 732.103 it state the decedent's surviving spouse is entitled to half of the pension and the remaining half is to be distributed to his childern. His spouse is in a nursing home and that is more likely where her half will go. Is there any Statute in Florida stating that if the surviving spouse is in a nursing home that the funds cannot or could not be distributed to her because of incompetence?
Asked on 4/12/14, 5:18 am
2 Answers from Attorneys
His spouse would get her share. If the spouse is incompetent, someone can initiate guardianship proceedings to properly manage her funds, but would not be entitled to them.
Answered on 4/12/14, 8:16 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
