If I Do Not Have a Will, How Much Will My Husband Automatically Get in Florida?
Florida women who want to make sure their husbands inherit their estates need to have wills. If a woman dies intestate, that is, without a will, her husband may not get everything she intended him to have. The same goes for husbands who want their wives to inherit their assets. Under Florida law, when a person dies without a will, what the surviving spouse gets depends on how many dependents or other relatives the person has.
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Husband Only
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If a couple does not have any dependents, such as children, when the wife dies intestate, all her assets or contents of her estate go to her husband, according to Title 42 Chapter 732.102 of Florida laws on estates and trusts, after going through the probate process. However, the husband may not get proceeds from a life insurance policy if his wife named another person as the beneficiary.
Spouse and Other Dependents
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If a wife who dies without a will leaves a husband and lineal descendants, such as children or grandchildren, the estate is divided differently. In this case, Chapter 732.102 says the husband is entitled to the first $60,000 of the estate plus one-half of the balance, with the other half divided among the lineal descendants. The widower will still get half of the balance of the estate if there are descendants who are not lineal. Non-lineal descendants are not direct descendants but may be connected to the wife through other blood family relationships. The law says if the widower takes property instead of cash, the value of the property will be determined by the date of distribution.
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Pretermitted Spouses
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If a person marries after making a will, but does not make a new will, the surviving spouse in most instances will inherit a share of the state under the same terms as if the person had died intestate, according to Chapter 732.301. However, this section is not valid if the surviving spouse was provided for or denied in a prenuptial agreement, the spouse is provided for in the will or the will specifies the spouse is not to get anything.
Advantages of a Will
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A wife can make sure her husband gets exactly what she wants him to have when she dies if she has a will. This should avoid fighting among the heirs over who gets what or what must be sold which could happen if she dies intestate. With a will, the widower and other descendants or heirs know exactly where they stand. While do-it-yourself wills may be acceptable, a woman should consult an estate planning attorney to make sure all the "i"s are dotted and the "t"s crossed. Having a will also will speed up the probate process so the husband can get his due sooner.
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