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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33891
Experience:  16 yrs. of trial experience
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If a person has a will in contemplation of marriage and

Customer Question

If a person has a will in contemplation of marriage and never tells the other person, and the will does not state what so every about the other person being an
intented spouse, is that person guilty of fraud as it was intended to prevent the rights of the surviving spouse.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

What you are describing is not fraud. There is no FL law requiring a spouse to provide for their spouse. A person could, if they were so inclined, give their estate to charity, or their neighbor, or whomever they like, regardless of if they are married or not

Now....FL law provides for an "elective share" to a spouse of a person who dies. The elective share is an amount equal to 30% of the elective estate. Fla.Stat. §732.2065

But to answer your question...this is not fraud. It is entirely legal.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.