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So, if my father passed away in FL and has a second wife, the descendants are entitled to half of the estate. Does this include?

Inverness, FL |

Is the home and joint bank accounts included in the 50% for the descendants? This is what my brother was told by a lawyer he spoke with today.

Attorney Answers 5


  1. I am sorry for your loss of your father. If the house is jointly titled in the name of your father and his second wife it is not part of the 50%, it becomes all hers. Joint bank accounts also go directly to the joint accountholder.

    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


  2. You are entitled to one half of the probate estate. Jointly-held assets, and accounts with beneficiary designations are not part of the probate estate.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  3. Any joint with survivorship assets or beneficiary designated accounts (TOD/POD, life insurance) would not be included in that.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  4. No, the joint bank accounts and any brokerage accounts, IRA's, Life Insurance, and the like where she is specifically named as beneficiary will go directly to her. As to the house, she will only get it wholly if she is on title as tenants by the entireties or joint tenant with rights of survivorship. If they are just tenants in common (which is unlikely) then you would share your father's half with her.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.


  5. The descendants are the children of deceased father's first wife?
    The jointly held assets with current wife will automatically go to her
    and not be considered in consideration of distribution to the descendants.
    Did father have a will?
    If not-only assets not held jointly or with beneficiaries would be considered in the estate distribution.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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