Q: My husband recently died intestate. He has one daughter from a previous marriage who has not spoken to him in the last
twenty years. Now that he is deceased, she has retained a lawyer to claim half of his estate. What are the chances that I could prevail if I contested any claim she makes on his estate?
A:
Without hearing all the relevant facts, no experienced lawyer answering legal questions here on Justia could possibly tell you "what the chances are" that your deceased husband's daughter might prevail if you object to her claim.
I will advise you to retain an experienced lawyer who has done thorny probate cases before--because the daughter may be entitled to MORE than half.
A: Very sorry for your loss and the passing of your husband, please accept my condolences for you and your family at this sad and difficult time. Generally speaking, if there is an intestate estate (no Will), then the surviving spouse is entitled to one-half of the intestate estate and your husband's daughter would be entitled to 1/2 of the estate, this relates to the assets that have to go through probate. There are various claims that the surviving spouse can make in addition to this related to Homestead, Exempt Property, Family Allowance and other things that would and should be discussed as it relates to options and choices that a surviving spouse would have in or related to a probate. Remember, pay on death, transfer on death, deeds with right of survivorship, joint accounts and things of that nature pass to the named individual/spouse outside of probate. There are various other things to weigh and consider as well so a conversation with a Florida Probate Attorney would be in order and a good starting point.
Stephen Arnold Black agrees with this answer
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