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What share can my wife get from my estate without a will?

What share can my wife get from my estate without a will?

Full question:

If I don't make a will in my lifetime. How much share can my wife possible get from my estate? We live in Florida and have no kids as of now.

Category: Wills and Estates
Subcategory: Disclaimer of Property Interest
Date: 04/07/2025
State: Florida

Answer:

If you die without a will in Florida, your wife is entitled to an elective share of thirty percent of your elective estate. This share remains available even if she does not claim it. To secure her elective share, she must file for it within six months of the first notice of administration.

According to Florida law, the surviving spouse has the right to a portion of the elective estate as outlined in Fla. Stat. § 732.201. The elective share amount is specified in Fla. Stat. § 732.2065. If the elective share is not fully satisfied, the remaining balance will be allocated according to the rules in Fla. Stat. § 732.2075.

For more information on the time frame and process for making this election, refer to Fla. Stat. § 732.2135.

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.

FAQs

When a husband dies, what is the wife entitled to in Florida?

In Florida, when a husband dies without a will, the wife is entitled to an elective share of thirty percent of the elective estate. This ensures she receives a portion of the deceased spouse's assets, even if the husband had other arrangements. If she does not elect this share, she may still inherit a portion of the estate under intestacy laws. It’s important for her to file for the elective share within six months of the notice of administration to secure her rights. (Fla. Stat. § 732.201, § 732.2065) *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.*

What happens if my husband died and my name is not on the deed in Florida?

If your husband died and your name is not on the deed, you may still have rights to the property as a surviving spouse. Under Florida law, you could be entitled to an elective share of thirty percent of your husband's elective estate, which may include the property. If the property was held solely in his name, it may go through probate, and you would need to assert your rights as a spouse. Consulting an attorney can help clarify your specific situation. (Fla. Stat. § 732.201) *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.*

Does a spouse automatically inherit everything in Florida?

In Florida, a spouse does not automatically inherit everything if the deceased had a will. However, if there is no will, the surviving spouse is entitled to a significant portion of the estate under intestacy laws. This typically includes half of the estate if there are no children. Additionally, the spouse can elect to take an elective share of thirty percent of the elective estate, which may include more assets. (Fla. Stat. § 732.101) *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.*

What rights does a surviving spouse have in Florida?

A surviving spouse in Florida has several important rights, including the right to an elective share of thirty percent of the elective estate, even if there is a will that provides otherwise. Additionally, the spouse has the right to inherit a portion of the estate under intestacy laws if there is no will. The surviving spouse may also have rights to certain exempt property and family allowances. These rights help ensure financial security after the loss of a partner. (Fla. Stat. § 732.201) *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.*

Who inherits property if there is no will in Florida?

If there is no will in Florida, property is distributed according to intestacy laws. The surviving spouse typically inherits half of the estate if there are no children. If there are children, the spouse shares the estate with them, receiving one half of the estate while the children inherit the other half. Other relatives, such as parents or siblings, may inherit if there are no surviving spouses or children. This distribution ensures that assets go to close family members. (Fla. Stat. § 732.101) *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.*

Is a spouse automatically a beneficiary in Florida?

In Florida, a spouse is generally considered a beneficiary under intestacy laws if their partner dies without a will. This means they are entitled to a significant portion of the estate. However, if there is a will, the distribution may differ based on the deceased's wishes. The spouse can also elect to take an elective share of thirty percent of the elective estate, which can provide additional rights to assets. It’s important to review the specific circumstances to understand the full extent of inheritance rights. (Fla. Stat. § 732.201) *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.*