Fort Lauderdale, FL asked in Estate Planning and Probate for Florida

Q: My father died in July 2019 and he had a will for me but he is married to another women, how can I go about it?

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Estate Planning Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Advice: Find a copy of the Will and keep it handy. You may need it soon.

Your father's wife may not be able to get everything he had; however, under Florida law a married man cannot exclude his wife completely from his estate. In fact, your father's wife is entitled to the contents of every joint bank account she had with your father, as well as all other property held jointly by them. But that might satisfy Florida law, which allows the survivor to elect what is called the "spousal share" which is about 30% of the entire estate. The heirs can get the rest, especially if there is a valid will.

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