QUESTION
If someone is married in New York and the spouse dies florida.Is the next of kin goes to the mother or the spouse in New York?
Asked on Oct 28th, 2020 on Family Law - Florida
More details to this question:
My brother was married in 2013 in New York but his wife cheated on him and he came back to Florida in 2015 and hasn’t been with with his wife since then.He passed recently and she is feeling she is the next of kin instead of my mom.By law whose rightfully the next of kin?
1 ANSWER
I am sorry for your loss.
Unfortunately, if the parties were never legally divorced, then the Wife is right. In Florida, if you are married and you die without a will, your spouse will inherit all of your intestate property. If, however, you have living descendants, including children and grandchildren, they would get part of the property. Sorry for the news, but just reinforces why it is important to see a family lawyer before it is too late.
Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Florida Family Law 954-316-3496 (Broward) 561-962-2785 (Boca Raton)
Answered on Oct 28th, 2020 at 3:07 PM