Full question:
My husband died without a will in Florida. He had two kids from his prior marriage and we have two kids in our marriage. How will his property be divided in this situation?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Florida
Answer:
In Florida, laws regarding intestate succession are provided for in Fla. Stat. § 732.101 through § 732.111. Fla. Stat. § 732.103 enumerates the share that the surviving spouse shall receive in case of intestate succession. It reads:“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.”
Also, § 732.104 enumerates how descendants other than the surviving spouse shall receive the estate. It reads:
“Descent shall be per stirpes, whether to descendants or to collateral heirs.”
Per the above-quoted provision, in the case at hand, the property shall divulge on each surviving member in the following manner:
1. The wife shall receive half of the estate.
2. All the children of the decedent shall receive an equal portion of the remaining half of the estate.
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.
