Legal Question in Wills and Trusts in Florida
Rights of a Widow
My husband died in the will all personal property was left to me. However, he left my three children the money by assigning them as beneficiaries. All our finances were separated and he owed me over $11,000. I asked the kids for that money. What rights do I have to this money? We split everything down the middle and if I didn't pay my half he would not have had this money.
2 Answers from Attorneys
Re: Rights of a Widow
You need to consult with an estate attorney. A surviving spouse has the right to an elective share of the deceased spouse's estate (which normally includes accounts which pass outside of probate like these accounts).
Re: Rights of a Widow
You are entitled to what the will provides. Its not accurate to say that your finances were separated since all the money you both earned during the term of the marriage were joint and martial assets. You both had an equal claim to those funds.
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