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Q.What if a husband dies in an accident and totals the car. He died without a will. Does the wife get the Mone The insurance money came to me... State of Florida, but my lawyer says it has to be added to the probate. According to Fl. statute s it is an exempt item... Anyone had any dealings with this? The step children (mine) get 50%....
A.In FLorida, if your husband died intestate (without a will) then his estate will pass by operation of law to you his spouse. Any property owned separately, i.e. anything that wasn't jointly owned, would go into probate. Probate is a process whereby the court looks at all the assets and creditors and pays off the debts before transferring the remainder of the money to you. IN FLordia there is an expedited probate process for small estates, called a summary probate - I think the value of the estate is something like less than $10000. Also in FLorida, the home isn't included as it is exempted as Homesteas property. As for the life insurance money - that is a contract between your husband and the INsurance company. It is not subject to probate and is paid directly to the beneficiary - whoever that is. As for his stepchildren, they get nothing unless he specifically provided for them, either by way of insurance or by will.
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