Legal Question in Wills and Trusts in Florida

My wife died and left a will. i was not mentioned in the will and daughter and friend are executors to the estate. what rights do i have to home and funiture, etc in florida


Asked on 1/07/11, 4:50 pm

2 Answers from Attorneys

You may have quite a few. Florida does not support have a spouse to be disinherited without their consent.

First of all you may be able to contest the Will. Second, you may be able to take an Elective Share (a/k/a elect against the Will). Third, you may be entitled to a homestead right to realty and other assets. There also may be other alternatives, depending upon other factors and facts, including a right to personal effects.

You need to consult with a probate attorney to review the situation. Otherwise it is highly unlikely you will know how to proceed correctly.

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Answered on 1/12/11, 5:24 pm
David Slater David P. Slater, Esq.

A spouse cannot be disinherited in Florida.

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Answered on 1/13/11, 8:03 am


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