Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.
You can either wait and see if she makes application for probate or use local Florida lawyer to force her to produce it.Florid law sets time limts to file the will here.
If there is no will then the laws of intestacy control
If you die with:
here’s what happens:
Here you really need local Florida lawyer to open probate, if there is a will she has to produce it, if no will t hen laws of intestacy( no will) control.
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The kids and spouse would split estate under laws of intestacy.She has her half of marital property and then you are splitting his half here .
Absolutely she is going to get like 3/4 you guys split the remaining fourth, thats her half plus you split his half, kids should split a fourth here if there was no will.You might get more or less if there was a will.Odds are there was no will or she would have produced it.
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Expect probate to last about a year here start to finish.