Tom and Cathy (an imaginary couple) are married and have no children together. Tom has two adult children from a prior marriage; Cathy has no children. The couple reside in a Florida home which Tom owned before they got married. As a result, title to the home is only in Tom's name. Sadly, Tom dies unexpectedly of a heart-attack. At the time of his death, Tom had no Last Will and Testament. Cathy goes to see an estate attorney to find out about her rights regarding the home she and Tom had lived in for over ten years--she leaves in shock!
In our estate planning practice, clients often ask whether their adult children have a "right" to inherit in Florida. [this discussion is not addressing minor children--their rights can be different]. While the question is a simple one, the answer is somewhat of a "mixed bag." As with many legal questions, the answer is "it depends."
When a Florida resident dies without a Will, and has a spouse, the intestate share of the surviving spouse depends on the make-up of the decedent's descendants--children, grandchildren, etc.