Legal question for you Floridians out there

[Watered Garden]

I am aware that in Ohio, a widow gets 1/3 of her husband's estate, no matter what he has said in his will. In other words, if it's a second marriage, and he wants to leave it all to his kids and not his second wife, she can still petition the courts or sue the estate or something for up to 1/3 of the estate.

What I don't know is whether this is also true in Florida. We have someone near and dear who is in this situation, and I am more than a little certain their permanent residence is Florida (no state income tax). This old boy has property in both states, which he is leaving to his only child. Now if he predeceases his wife, she will be homeless! (This guy is a piece of work, but I digress).

I would like some information so that should the occasion arise, we can protect her, in case the old shuffles off this mortal coil.

Thanks for any help, suggestions, links to websites, etc.

WG

[Nottawayfer]

WG,

Wouldn't your friend be better informed if she hires herself an attorney? Someone can say they "know", but do they really?

[Jim]

What Not said.

Most states have Legal Aid Societies that will gladly supply this kind of advice:

http://www.floridabar.org/tfb/TFBConsum.ns...77?OpenDocument

Scroll down for a list of Florida offices by county.

Edited June 16, 2006 by Jim

[moony3424]

If there is not a will, then everything goes to the spouse. In the case of a will, the only way that a spouse can be bypassed is if (in writing) the spouse agrees to be bypassed. If there was no such agreement, the will is contestable.

[karmicdebt]

Each state sets its own laws...and they are quite different. The spouse does not get it all if children are involved from previous marriages... at least in AZ.

She needs proper legal advice.

Edited June 16, 2006 by karmicdebt