Legal Question in Wills and Trusts in Florida

Your assumption about survivor rights is not accurate.

Intestate succession to wife is as follows:

732.102 Spouse�s share of intestate estate.�The intestate share of the surviving spouse is:

(1) If there is no surviving descendant of the decedent, the entire intestate estate.

1(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.

1(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.

1(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.

So as Mr. Stein has stated, you only have one-half of the estate. I suggest you get a probate attorney and get the children to sign over their interest. If I can be of assistance, please contact my office for an appointment 904-997-1031