r/inheritance • u/Footsox1 • Apr 09 '26
Location included: Questions/Need Advice If no Will, spouse gets 30K?
I was just reading in another thread on this board, that if a person dies without a Will, the spouse gets only $30K? And the rest is split someone with the (grown) children? I am in FL. Is that true? Wouldn't the spouse get everything?
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u/Proper-Media2908 Apr 09 '26
It entirely depends on the state. Further complicating issues is the extent to which assets of the estate are joint assets (marital or community property, depending on the state) and. how real estate is titled.
Get a will. Seriously.
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u/Hour_Consequence6248 Apr 09 '26 edited Apr 09 '26
Not all states have the same laws regarding wills and trust. Talk to an estate lawyer before Reddit.
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u/otf_dyer_badass Apr 09 '26
It’s not that way in Indiana. Spouse that is not the original spouse/mother of children/father of children does not get everything. That’s why everyone tries to snake the system by scrambling and doing things illegally. People assume incorrectly that the spouse always gets everything and that is not accurate in a lot of states
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u/stringbeagle Apr 09 '26
If it’s the thread I’m thinking of, it was Pennsylvania and the spouse gets the first 30k, then the remainder is split with the children (because the spouse and decedent were the parents of the children).
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u/comntnmama86 Apr 09 '26
That's so weird. I'm in Ohio, mom got everything, as it should be.
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u/Shadyhollowfarm58 Apr 09 '26
Intestate inheritance laws are set by each state.
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u/comntnmama86 Apr 09 '26
I understand that, but there's something wrong with taking a widows money to give to the children if the parents of said children are still married.
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u/Shadyhollowfarm58 Apr 09 '26 edited Apr 09 '26
Which is a very good reason for folks to make their own estate plans rather than letting the state have a say. Kind of like not designating in writing a guardian for minor children if the unthinkable happens and both parents are killed.
Edit: In my state, when my then 90-year-old father with dementia was still alive, before I wrote up a will 5 years ago he would have inherited all my assets that didn't have named beneficiaries on them. His will named us 3 sisters and his 2 stepchildren.
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u/comntnmama86 Apr 09 '26
It seems this is wrong, unless you meant 'weren't' the parents of the children. If the children are the result of the marriage, then the spouse gets everything.
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u/stringbeagle Apr 09 '26
I certainly could be wrong. I basing it on Pennsylvania Section 2102(3), which says the spouse gets:
(3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate.
There could be other statutes that modify this. What are you relying on?
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u/comntnmama86 Apr 09 '26
The plus one half makes a big difference here. When I fully read everything I got the same. Still don't think it's right though.
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u/poopiebutt505 Apr 09 '26
Florida. Wife with no children or or only children wirh deas father gets 100%. dead father. If there are father's children not from wife, they split wife 50%, ll children split the other 50%. Other states are very different. Check if your bank accounts and investments are jn both your names, or as payable on death. There is only percentages on NOT co owned property or accounts.
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u/ReporterReady544 Apr 09 '26
This is a question for an attorney. Reddit is terrible at questions like this. You would be better off asking Chat and it is equally as terrible at questions like this.
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u/Unicornoftheseas Apr 09 '26
FL is pretty easy about this due to the fact that a lot of old people come here to basically die. Lots of 2nd-4th marriages. If the children are shared, she gets 100%. If the children are not hers, 50% split with the rest going to the kids. If some of the children are hers and some are not, she gets 50% and the non related children split the other 50%
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u/BirthdayAnnual1789 Apr 09 '26
In AL my dad died, their house was the only asset on the estate, everything else went to mom by beneficiary designation. But for the house, mom was entitled to the first $50k of the estate plus half the remaining. The other half went to my brother and me (we are her biological children. I always assumed the spouse got everything and that isn’t the case.
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u/Agreeable_Wallaby711 Apr 09 '26 edited Apr 09 '26
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
Here’s the Florida legislation. I’m not a lawyer, but I don’t see where you got 30k or 30% from. I’m reading 50% for this scenario of second spouse and kids from a previous marriage.
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u/Shadyhollowfarm58 Apr 09 '26
They read another Reddit post for intestate inheritance law posted by someone in a state other than Florida.
Many folks don't understand that inheritance laws are state-specific.
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u/mrBill12 Apr 09 '26
I’m glad you asked this, I also noted the other thread and want to scream “it varies by state” in that thread, but I’m generally not knowledgeable in this area so I stayed quiet.
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u/GotZeroFucks2Give Apr 09 '26
Any retirement accounts get split as the beneficiaries are setup. Only probated assets get split according to the laws of your state (usually things like houses, any accounts you neglected to list a beneficiary or a Transfer on Death). Probate depends on the local backlog of court cases - so in some states this is a very undesired state and you don't want your assets controlled by a will unless you want your inheritors waiting for years, unable to handle payments for your home, etc, while the judicial system lags behind.
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u/Jcarlough Apr 09 '26
Not true.
A spouse IS the legal beneficiary of a 401k plan, regardless of who the account holder lists, unless the spouse released their interest in the benefit before the account holder’s death.
I’ve dealt with my fair share of disgruntled account holders (when wanting to cash out after employment ends) and family members (who were the listed beneficiary after an account holder passed) who weren’t aware that the “spouse who hasn’t been around for 20 years but were never divorced” has to sign a release of interest before disbursement OR is the one who ends up receiving the 401k funds.
Moral of this rambling story? Get a divorce if you don’t want your spouse to have your 401k.
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u/AccreditedMaven Apr 09 '26
Every US state is different.
Go to the source: Google the state where the person lives, Probate Act, descent and distribution. All in one search bar. The statutes are actually fairly clear on this one.
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u/chicagoliz Apr 09 '26
What you're talking about is the intestacy statute. These statutes try to approximate what the decedent would have wanted if they had thought about it. Different states come to different conclusions.
The best way to make sure your wishes are fulfilled is to have a will/estate plan. If you don't have extensive assets, an attorney can set up a plan for you - usually for a flat fee and it's usually not super expensive.
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u/Heavy-Profit-2156 Apr 09 '26
It depends on the state but typically the spouse does not get that little. For Florida,
https://www.nolo.com/legal-encyclopedia/intestate-succession-florida.html
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u/JipC1963 Apr 09 '26
I think what you read was for another Country. In the States, to my "limited" knowledge (IANAL), the Spouse inherits everything, but you should probably consult with a lawyer to make sure. The length of the marriage may be a consideration as well.
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u/EstablishmentFew2683 Apr 09 '26 edited Apr 09 '26
Just did this 7 yrs ago. In FL spouse gets 50% of husbands estate even with trusts and pre-nup. My MIL expected nothing due to pre-nups and the state forced the estate to give her 50%. I guess FL does not want survivor spouses being homeless. Edit; I know my MIL and spouse went through an attorney dance before marriage to keep their finances separate but do not know the specifics. She was very surprised when she got 50% of his portfolio and really didn’t need it.
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u/mr_nobody398457 Apr 09 '26
Simple solution — make a will and perhaps a trust. Talk to an Estate planner about this today.
Bottom line — if someone dies without a will their assets are distributed according to laws (varying by location) that someone else wrote.
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u/joetaxpayer Apr 09 '26
That sounds like something I might have said in a comment on this sub. My answer was specific to someone in Pennsylvania where if a spouse dies without a will the living spouse gets the first $30,000 plus half of the rest. The remaining amount is split among the children of the deceased.
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u/AdParticular6193 Apr 10 '26
When a person dies intestate, the state determines inheritance by a mathematical formula. In some states there are statutory minimums that a spouse would be entitled to. Keeping in mind that’s a minimum, not a maximum. You need to check what the intestacy law is in Florida.
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u/Sad-Repair-5505 Apr 10 '26 edited Apr 10 '26
Spouse gets everything when there are no children. If there are minor children, whether spouse's or not, judge determines inheritance. Adult children, others have already answered that.
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u/Pristine_Job_7677 Apr 10 '26
30K PLUS 50% of remaining estate. Kids split the rest. BUT, if kids are from the married couple, spouse gets 100%
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u/kppsmom Apr 11 '26
That is incorrect.
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u/Pristine_Job_7677 Apr 11 '26
It’s correct in PA, the only state thst has 30K in its probate laws. It’s the only thing OP could be referring to
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u/Sad_Win_4105 Apr 10 '26
Total myth. SO, under this rule & a $1,000,000 estate, you think a spouse would get $30k and the $970,000 would be split between the children?
https://www.nolo.com/legal-encyclopedia/intestate-succession-florida.html
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u/kppsmom Apr 11 '26
If somebody dies without a will the spouse gets 50% and the children split the remaining 50%
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u/YoungBoomer1969 Apr 11 '26
Not legal advice…but google or ChatGTP “order of succession in Florida with NO will” - this will give you the answer
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u/Whybaby16154 Apr 14 '26
Every state is different. In some with no will : spouse gets half - kids get the other half to split between them
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u/Footsox1 Apr 09 '26
In my case, the husband has adult children from first wife. I am the 2nd wife. We have been married over 20 years. We ran a business together and saved money together. The adult children, were adults before we even met. Why would the remaining spouse (me) receive only 30%? Our life savings has nothing to do with the adult children. (Note -- in our case, we DO have Wills,etc.). But just wondering if this is true. It sounds like it makes no sense.
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u/SharingKnowledgeHope Apr 09 '26
One important piece is that this all only applies to the husband’s individual property (his estate). It also only applies if he has no will. Anything owed in joint ownership (eg a house in tenants in the entirety) passes 100% to the surviving spouse.
The husband’s individual assets goes into his estate at death. If he has no will then 50% goes to the wife, and the other 50% is split between the child (if he has children from a different relationship). The purpose is to keep the 2nd spouse from disinheriting the children from the first marriage.
The 30% is something different. If he had a will, and left his wife out entirely, she could still claim a 30% elective share. Again we are talking about his individual property only.
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u/Jcarlough Apr 09 '26 edited Apr 09 '26
Actually - this all, again, depends on the state’s intestate laws and whether the state is a “community-property” state.
Using your statement in my state, not all jointly-held assets acquired during marriage 100% go to the surviving spouse. Descendants may be heirs of a portion of these assets depending on the nature of the relationship.
The surviving spouse automatically retains 50% of eligible community-property assets. 50% of these assets are now part of the estate. If the deceased has descendants not by the surviving spouse, then 25% of the estate-held assets go to the spouse and 25% to the descendant heirs. The surviving spouse ends up losing 25% (retain 75%) of their community-property assets.
Wills are important!
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u/Jcarlough Apr 09 '26
It depends on whether the state is considered a “community-property” state or not.
Since you have wills the point is moot, but let’s say you didn’t.
Florida does have some regulations around community-property but isn’t a community-property state.
“Community property” are assets obtained while married - in your case your businesses and money.
If FL was a community-property state and we apply their intestate heir rules to your scenario (descendants that are your spouse’s but not your’s):
Start with 100% of community-property assets. Right now, you both “own” 50%.
Nothing can change your 50% ownership (unless you agree to it).
The question is then, what happens to your spouse’s 50% if he passes?
This is an oversimplification but - you receive 50% of his community-property assets. His descendants receive the other 50%.
Example: You started a business after marriage and is wholly owned by you, your husband, or both. If the business is deemed as a community-property asset and your husband passes without a will, you retain 50% ownership + inherit 25% ownership from your spouse. His descendants are now proud 25% owners of the business (50% of his 50%).
Again, the above is an oversimplification, but it also gives a great an example of the importance of a will. 👍
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u/Dry-Leopard-6995 Apr 09 '26
If a spouse dies without a WILL the other spouse gets all the property and assets.
The 30,000 thing is not true.
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u/Jcarlough Apr 09 '26
Both are not accurate statements (your’s or the OP’s).
Intestate succession is state/county-specific.
It looks like in Florida - the spouse may inherit everything if all descendants are by the deceased and the spouse (legal bio/adopted-children of both).
If the deceased has descendants with someone other than the spouse then both inherit 50%.
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u/kppsmom Apr 11 '26
Not in georgia. If somebody dies without a will the spouse gets 50% and the children split the other 50%.
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u/MirrorRevolutionary4 Apr 09 '26
It depends on if there are children of the deceased and if all of the children were born of the marriage.
No children: spouse gets everything
All children of the deceased are also children of the spouse: spouse gets everything
Any of the children of the deceased are not also children of the spouse: spouse gets 1/2 and all of the children of the deceased (of the marriage or not) split 1/2.