[tsk]

Do children have claims to property in Florida when a parent died and left a surviving spouse who is not on the deed?

[joypulv]

A will takes precedence over state law.
If no will ('intestate')
The share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.
(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.
(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.

Read that carefully because it sounds counterintutive at first, and some of it is recent law.

If your father left no will, and his spouse is not your mother, and you are entitled to half, and have questions about what happens if she wants to continue to live there, answer below.

[ScottGem]

Was there a will? If not, the estate is divided according to FL law.

Florida Inheritance Laws: No Will

[joypulv]

ScottGem, my research indicates that the law changed in 2011, and your site was written in 2009.

[ScottGem]

ScottGem, my research indicates that the law changed in 2011, and your site was written in 2009.

Ooops Did you forget a link?

[AK lawyer]

A will takes precedence over state law.
If no will ('intestate')
The share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.
(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.
(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.

...

Appears to be the same as current law, except for the addition of the word "intestate" (underlined by me):

"732.102 Spouse’s share of intestate estate.—The intestate share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.

1(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.

1(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.

1(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate." http://www.flsenate.gov/Laws/Statutes/2012/732.102

I don't see that the change makes any difference.

Bottom line is that the widow gets half and her step-children get the other half.

[joypulv]

I would have gone back to copy the link but my 4 year old Dell Inspiron notebook dies (overheats?) about every 15 minutes lately, and I have given up on all attempts to keep it clean and cool. So am about to buy a Chromebook I think...

[AK lawyer]

I would have gone back to copy the link but my 4 year old Dell Inspiron notebook dies (overheats?) about every 15 minutes lately, and I have given up on all attempts to keep it clean and cool. So am about to buy a Chromebook I think...

Get a new fan for it. Lots cheaper.

Or, even better, open it up and clean the dust out of the fan.

[Fr_Chuck]

And to clarify what is being said, this is not property law but probate law as to who will get property.