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My Husband And I Are Separated In Florida And He Died. What Am I Legally Entitled To From His Estate?

What you are entitled to from his estate depends on the details of the separation.

If you were legally separated, and your property had been legally divided in accordance with a separation agreement, you may not be entitled to anything. In that case, it depends what the separation agreement provided.

If you two were separated, but not legally separated, you were still his wife and you would be entitled to a portion of his estate.

If he had a will, you would be entitled to what he left you under the terms of the will.

If he did not leave a will, you would be an heir of his through Florida’s intestate succession laws, and you would be entitled to a portion of his assets.

In this situation, it’s important that you speak with both a divorce attorney and a probate attorney. Both attorneys can help you obtain the assets to which you are entitled under state law.

In addition, it’s possible that another party could file a claim against you since you were separated at the time of his death, challenging your right to his assets. Experienced attorneys can help protect your rights under the law.


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