My husband died without a will. We have two children. Will I inherit everything?
Florida intestate laws govern what happens when somebody passes away without a will. In the state of Florida, the current law says that if a person has a surviving spouse and they have children only of that marriage, the surviving spouse will get most of the assets and the children will also get an interest in the homestead. If there are children of another marriage, then generally the surviving spouse will get 50% of the other assets and those other children will receive 50% of the assets. It’s always a good idea to see an attorney about this because the intestacy laws can change the distribution, depending on the family dynamics.