Legal Question in Wills and Trusts in Florida

Property rights of surviving spouses in such situations where no wills or other testamentary documents exist are subject to the Florida law of intestacy. Of course, joint property rights are not affected. Rules of intestacy are complex, depending on family relationship, number of members, etc. Advice: do not leave the distribution of estate property to the terms of Florida intestate laws.

You should speak persnally with legal counsel, however you may wish to browse at least one of the statutes on point: 732.102-- 732.106; 732.201- 732.2135; 732.402 for Exempt property claim rights; 732.403; newly revised 732.401 interest in Life estate; and many others. But these at least can show you the complexity involved.

It depends upon if you have children, and whether those children are minors or blood to both of you.

If there are no children, then everything just goes to each other. If there are children, then it gets divided upon with them depending upon the factors pointed out above.

A Will may be advisable. If I can be of assistance, please let me know, 954-752-1732.