Without a Will, does the surviving spouse inherit everything or is it divided among the children from a prior marriage and the surviving spouse?

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Without a Will, does the surviving spouse inherit everything or is it divided among the children from a prior marriage and the surviving spouse?

Asked on July 13, 2013 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  It is my understanding that under the intestacy laws in the state of Florida the surviving spouse would inherit half and the decedent's of the decedent (who are not descendent's of the surviving spouse as I understand your question) share the other half. Check on this with a lawyer in Florida.  Good luck.


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