Estate Law
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Answered in 6 minutes by:
4/4/2010
Ellen, Attorney
Category: Estate Law
Satisfied Customers: 36,865
Experience: Providing information, not representation
VerifiedHello,
My condolences.
Regardless of whether your father left a will, the assets that were title jointly will pass to the survivor by operation of law. The house will thus pass to your father's wife and ultimately will pass through her estate. The items that are not jointly held nor have a named beneficiary, will pass according to the Florida intestate statute.
The intestate distribution of a Fl decedent, generally speaking, provides that a surviving spouse that is not the parent of all of decedent's children receives one-half of the estate under FL Statute 732.101. This is in addition to a life-estate in the homestead under Fl Statute 732.401, exempt property Fl Statute 732.402 and Family Allowance under Fl Statute 732.403. The homestead, exempt property and family allowance are deducted from the estate before the determination of the surviving spouse's one-half interest under FL Statute 732.101.
My condolences.
Regardless of whether your father left a will, the assets that were title jointly will pass to the survivor by operation of law. The house will thus pass to your father's wife and ultimately will pass through her estate. The items that are not jointly held nor have a named beneficiary, will pass according to the Florida intestate statute.
The intestate distribution of a Fl decedent, generally speaking, provides that a surviving spouse that is not the parent of all of decedent's children receives one-half of the estate under FL Statute 732.101. This is in addition to a life-estate in the homestead under Fl Statute 732.401, exempt property Fl Statute 732.402 and Family Allowance under Fl Statute 732.403. The homestead, exempt property and family allowance are deducted from the estate before the determination of the surviving spouse's one-half interest under FL Statute 732.101.
Ellen, Attorney
Category: Estate Law
Satisfied Customers: 36,865
Experience: Providing information, not representation
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