Legal Question in Wills and Trusts in Florida

last will and testiment

If my husband were to pass unexpectedly with no written will,

would all assets go to me even though my name does not appear on any of the legal documents ?

He says don't worry, I say that I need to worry. I saw what happened in my own family when my dad passed. My husband has three children from a previous marriage, they are all grown and married.


Asked on 2/01/07, 3:02 pm

4 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: last will and testiment

They would share with you.

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Answered on 2/01/07, 3:10 pm

Re: last will and testiment

In Florida, with no will and where there are children who not lineal descendants of the surviving spouse, the surviving spouse takes one-half.

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Answered on 2/01/07, 3:17 pm
Robert Roemer Robert Roemer

Re: last will and testiment

You are correct that when someone dies

without a will the probate of the estate in harder and more expensive.I have worked with many clients to title their assests or put them in a living trust to avoid probate entirely.The costs of probate range from 20% of a small estate to5-6% of a larger estate.Also,a properly drafted estate plan avoids the costs of setting up a guardianship if either spouse becomes disabled.If you would like me to assist you in this area call me or send me an e-mail.

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Answered on 2/01/07, 3:39 pm
Frank J. Pyle Probate Attorney Throughout Florida

Re: last will and testament

You have good reason to be concerned. Under Florida law you would be entitled to one-half of his assets, plus the right to use the home for the rest of your life. The rest, including the home at your subsequent death, would go in equal shares to his children.

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Answered on 2/01/07, 4:59 pm


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