What If My Spouse Passes Away With An Outdated Will?
Losing the person closest to you, and that you shared a home and possibly even a family with, is the hardest thing you will ever have to experience. If you learn that your spouse did not update their will after you were married, or they drafted a will but did not include you, will only add to your stress during this difficult time. In addition to your grief, you may also wonder if you will be denied a portion of your spouse’s estate. Below, our Daytona Beach estate administration lawyer explains further.
The Intestacy Laws and Your Share of the Estate
Under state law, if your spouse drafted a will prior to marriage and you were not included in it, you are classified as a pretermitted spouse. Even if your spouse never updated their will, you still have a right to at least a portion of your spouse’s estate under Florida’s intestacy laws. These laws are applicable when someone passes away without a will in the state.
If your spouse did not have children from a previous relationship, you have a right to your spouse’s entire estate. If your spouse had children from another relationship, you have a right to receive 50 percent of their estate. The remaining share of the estate will be distributed among your spouse’s children.
The Elective Share for Spouses
If your spouse created a will after you were married and they did not include you in the document, you still have a right to a portion of their estate. Spouses in Florida have a right to a portion of their spouse’s estate under state law. Spouses have a right to an ‘elective share,’ which in Florida, is 30 percent of their spouses estate. The elective share applies to assets that are subject to probate, as well as those that are not. For example, if your spouse drafted a trust and you are not a beneficiary, you are still entitled to 30 percent of the property in the trust.
Other Options
There may also be other options that entitle you to your spouse’s property. These include homestead property and property held in tenants by entirety or joint tenancy. If your spouse named you as a beneficiary on certain types of accounts, such as retirement accounts or life insurance policies, you also have the right to those proceeds.
Our Estate Administration Lawyer in Daytona Beach Can Explain Your Options
There may be nothing more difficult than losing your spouse. Learning they did not include you in their will, or update their document, only makes this challenging time even harder. You will have many questions and it is critical that you receive answers to them. At Bundza & Rodriguez, our Daytona Beach estate administration lawyer can answer your questions and explain your options for receiving the share of your spouse’s estate you are entitled to. Call us now at 386-252-5170 or contact us online to schedule a consultation and to learn more about how we can help with your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
