Full question:
my husband passed away leaving no will but, left his wife as the benificiary of his Ira and the house,car and bank accounts are joint. He has two children over 40 from a previous marriage and I have one. Are his children entitled to anything ? Now or do they wait for me to pass.
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Florida
Answer:
Under Florida law, as the surviving spouse, you are entitled to half of the assets that go through the estate. However, assets that pass directly to you, such as joint property and accounts where you are a paid-on-death beneficiary, are yours and not included in the estate. The remaining property in your husband's estate will go to his children from the previous marriage.
Specifically, if your husband has children who are not also your descendants, you will receive half of the intestate estate, and his children will inherit the other half (Fla. Stat. § 732.102). You have the option to create a will to leave assets to his children, your child, or others as you choose.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.