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MY HUSBAND DIED WHILE WE WERE SEPERATED,WHAT BEENITFITS AM I ENTITLED TO?

Jacksonville, FL |

SEPERATED FOR OVER 25YRS AND HAVN'T SEEN HIM FOR THAT LENGTH OF TIME

Attorney Answers 3


  1. If you were both in Florida and never actually got divorced then you are his legal spouse. Florida does not have legal separation. Therefore, you are entitled to inherit based on being his spouse. What you will inherit depends upon what assets/liabilities he held before he died.

    This is not to be considered legal advice nor does an attorney-client relationship exist.


  2. Florida law will govern the distribution of assets between spouses, when one of the spouses has passed away and there is no will. If you were only separated and not legally divorced, then you would be entitled to your share of his assets as his spouse. I recommend you initiate a probate, have the court determine whether there was a will and disburse your spousal share accordingly.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.


  3. I agree with Attorneys Trabin and Oughton, separated is not divorced. You are his spouse and have rights. You should hire an attorney now to pursue them, assuming your husband had assets.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button

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