Full question:
My husband is dying and he has not made a will. I have been asking him to make a will but he is seems not interested. What is the spouse’s share of intestate estate?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Florida
Answer:
The share of a surviving spouse in an intestate estate (when there is no will) varies based on the presence of descendants:
- If there are no surviving descendants of the deceased, the surviving spouse receives the entire estate.
- If the deceased is survived by descendants who are also the descendants of the surviving spouse, and the surviving spouse has no other descendants, they receive the entire estate.
- If there are surviving descendants of the deceased who are not descendants of the surviving spouse, the surviving spouse receives half of the estate.
- If there are surviving descendants of the deceased, all of whom are also descendants of the surviving spouse, and the surviving spouse has other descendants, they receive half of the estate.
This is governed by Florida law, specifically Fla. Stat. § 732.102.
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.