What are my rights after my husband's death and his will's provisions?

Full question:

My Husband and I married 5 years ago and have one child born after our marriage. Last month my Husband died and a Will was discovered that was dated before our marriage leaving property to his children by his first marriage. Neither I nor our child is mentioned in the Will. We have not found another Will and I am not aware that he made one. We live in Florida. What are my rights?

• Category: Wills and Estates
• Date: 04/07/2025
• State: Florida

Answer:

I'm sorry for your loss. In Florida, the law protects you and your child in this situation. If your husband made a will before your marriage, you and your child may still have rights to inherit from his estate, even if you are not mentioned in the will.

As a surviving spouse, you are entitled to a share of your husband's estate equal to what you would have received if he had died without a will (intestate), unless:

• You have a prenuptial or postnuptial agreement that waives your rights;
• You are mentioned in the will;
• The will clearly states an intention not to provide for you.

Additionally, since your child was born after the will was made, they also have inheritance rights. Your child is entitled to a share of the estate equal to what they would have received if your husband had died intestate, unless:

• The will indicates that the omission was intentional;
• Your husband had other children when the will was executed, and the will provides for their other parent, who survived him.

The shares for both you and your child will be determined according to Fla. Stat. § 732.301 and Fla. Stat. § 732.302. For more information on state-specific legal templates, users can search for state-specific legal templates at .