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When one spouse dies without a will, the surviving spouse is entitled to 100% of the decedents estate if: The deceased spouse has no lineal descendants (i.e., children, grandchildren, great-grandchildren); or. All lineal descendants of either spouse are descendants of both.
If there are children from different marriages on either side, then your spouse receives 50% and your children receive the remaining 50% in equal parts. If you are not married, then the Florida Intestacy Statutes gives everything to your descendants, meaning your children.
1. Marriage does not cancel a will in Florida, but a spouse acquired after the execution of a will may receive the same portion of your estate that he or she would have received had you dies without a will (at least one-half).
Under Florida law, a last will and testament: Must be in writing. Must be made by a competent person. Doesnt require any official terminology or standardized documentation. Must be signed by the testator. Must be signed by and in the presence of at least two witnesses. Can be amended or revoked. Can be contested.
Although married couples often share many things, such as bank accounts or the title to a property, its important that you and your spouse create your own estate planning documents. This is helpful in situations where you have individual assets or different wishes for your remains once you pass away.
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In Florida, you may attempt to disinherit your spouse through a Will or other estate planning vehicles. If parties are separated but choose to remain legally married for some reason or are in divorce proceedings, one spouse may try to disinherit their partner.
If I have a will, does my spouse need one? The answer is yes everyone should have a will! If youre married, you and your spouse can have separate (or joint) wills that you sign yourselves. This way, if something were to happen to one of you, theres no room for ambiguity or confusion.
Even if the child and the deceased parent had a falling out before their death, it is somewhat difficult to disinherit a child in the State of Florida. As long as paternity can be established, the children have a right to inheritance (even if the deceased party was not aware of their existence while they were alive).
(1) To the descendants of the decedent. (2) If there is no descendant, to the decedents father and mother equally, or to the survivor of them. (3) If there is none of the foregoing, to the decedents brothers and sisters and the descendants of deceased brothers and sisters.
In Florida, what property is inherited by your family if you die without a will (intestate) depends on what type of property you own at your death. Property is passed to your heirs in two ways: either outside of probate (non-probate), or through a court-supervised process called probate.

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