Legal Question in Wills and Trusts in Florida
What happens when a surviving spouse dies before probate ends?
My mother�s state is in probate in Florida. She left a will, but did not include her spouse of 10 years, probably thinking he would not survive her. She was 80. The widower is 97. My brother and I are the sole beneficiaries of her will.
The widower has filed an election to take elective share in the estate and has not waived his homestead rights. I understand the probate process is long, as the notice to creditors has not been published yet. I know he has the right to live in the house they lived, which my mother owned, but if in the meantime, the man dies, will his heirs still have a right to 30% of the assets Florida law gives him or is this entitled to him osolely based on his condition of living spouse?
2 Answers from Attorneys
With the facts presented, his heirs will take the 30%, though it may be directed to someone by the widower's will.
His heirs will take from his share. If you have an attorney representing you in the probate of this estate, you should speak with him or her about your concerns. Regards,
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