My Husband Died Without a Will. What Do I Do?
It can be impossible to cope with the loss of a partner. Building a life with somebody, and losing them unexpectedly, is the worst pain many people will experience in their lifetimes. It gets even worse when you consider the possible financial burden you can go through.
If your husband died without a will, you can feel hopeless. But don’t give up. There are ways to protect your financial well-being and assets without the presence of a will.
The first step is knowing your rights under Florida estate law, and what you should do next. Here’s our advice.
What Happens If Your Husband Died Without A Will?
Every state has its own laws on how an estate is passed down when a person dies without a will. While it is ideal that that person engages in proper estate planning beforehand, as the spouse of the deceased you are still entitled to some of your husband’s property.
If you do not have any children, then you will receive all of your husband’s estate. If you do have living children and grandchildren, they will receive half of the estate while you receive the other half.
Because your husband died without a will, it’s important to note that the default allocation of that estate among your children would be equal distribution. A lawyer can help you decide upon an alternative division of the estate before things get ugly.
What If A Will Is Invalid?
It is possible that your spouse’s will is not valid according to Florida courts. If your husband’s will was not filed through Florida’s probate process, it may not be valid.
You should consult with a lawyer about any existing will that your spouse has. If your husband died without a will or had an invalid one, it can make it hard to divide property properly.
On top of a will’s legitimacy, it’s also worth considering what can and cannot be considered part of a will’s ability to divide an estate. Legally, your spouse’s estate can be considered anything payable to beneficiaries.
Not everything is included on this list. If your spouse was a partial owner of something without the right to survivorship, it is likely that you will not get any ownership rights as an inheritor of the estate.
As with all things, probate and intestacy law is complicated. If you think you are losing out on something unfairly, you should contact a lawyer.
Hire A Lawyer
Losing a spouse is incredibly difficult. You shouldn’t have to research the specifics of inheritance and probate while you’re in pain.
This is why we’re devoted to helping you work through this tough time. We want this process to be as painless as possible because you’ve already experienced enough difficulty.
On top of that, we’re experienced enough to make it happen. We are so sorry for your loss. If you want help, we’re here for you.