Legal Question in Wills and Trusts in Florida
I just got married and have become very ill can my spouse still have a portion of my estate if i pass away even if i have a will? state Fl.
3 Answers from Attorneys
Yes, your spouse will take under the term pretermitted. A pretermitted heir is a term used in the law of property to describe a person who would likely stand to inherit under a will, except that the testator (the person who wrote the will) did not know, or did not know of, the party at the time the will was written.
Yes, your spouse will get at least a portion of your estate. As a general rule (although I should add that the rules are very complex regarding spouses and inheritances), your spouse will get at least 30% of your estate.
While what these attorneys have said is true, you may want to consider making a new will and making sure you have a living will, power of attorney, and health care advance directive set up as well. Regards,