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, intestate succession laws determine how property is divided when someone dies without a will. According to Fla. Stat. § 732.103, the share of the surviving spouse depends on the decedent's descendants:
- If there are no surviving descendants, the spouse receives the entire estate.
- If all descendants are also the spouse's children, the spouse receives the entire estate.
- If there are descendants from the decedent's prior marriage (not the spouse's children), the spouse receives half of the estate.
- If there are descendants from both the decedent and the spouse, the spouse still receives half of the estate.
In your case, since your husband has two children from a previous marriage and two children with you, you will receive half of his estate. The remaining half will be divided equally among all four children.
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.