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life insurance/estate

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priscillaann

Guest
My brother Larry was in the Air Force died on the job. Estranged wife we are told has all rights to his estate his income tax and his life insurance. She has not lived with over 2years made it known she had a boyfriend and that she feels she hit the lotto by my brother dying(made comment at the funeral that she felt she hit the lotto)She refuses to give us any personal things and i want to know if we can contest her getting his things. My understanding is she was not on his life insurance as the beneficary so can we contest her getting the life insurance. She has a tattoo of another man name on her back that is new. He was stationed in Florida do need a Florida lawyer. Do we have any rights. please help
 


JETX

Senior Member
Did he have a will???

"If there is no will, Florida has an "intestate succession" law which states that certain persons receive the estate. If there is a surviving spouse but no "lineal descendants" (children, grandchildren, or great-grandchildren, natural or adoptive), then the spouse gets the entire estate. If there are lineal descendants, the spouse gets at least half the estate, but the descendants get some part also. If there is no surviving spouse and no lineal descendants, then the estate goes to any surviving parents of the decedent. If no parents, then to other relatives of the decedent, starting with brothers and sisters. Many times this intestate succession is not exactly what the decedent would have wanted, which is one reason why a will is a good idea."

For other Florida probate questions:
http://www.statewideprobate.com/faq/faq.htm#8

Florida Probate Statutes:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0732/ch0732.htm
 

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