My husband passed with no will and has two children by a prior marriage. Who inherits what?

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: 04/07/2025
• State: Florida

Answer:

Florida Intestate Succession Laws

Under Florida Law you are entitled to 1/2 of the assets that go through the estate.  Assets that went straight to you such as joint property where you were the paid on death are yours and not included in the estate.

The remaining propety in his estate goes to his Children.

You can generally make a Will and leave things to his children, yours, his and yours, or to someone else.
 

732.102 Spouse’s share of intestate estate.—The intestate share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.
(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.
(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.
History.—s. 1, ch. 74-106; s. 8, ch. 75-220; s. 15, ch. 2001-226; s. 5, ch. 2007-74; s. 2, ch. 2011-183.
Note.—Created from former s. 731.23.

 

732.103 Share of other heirs.—The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:

(1) To the descendants of the decedent.
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