How does a surviving spouse's remarriage affect an intestate succession?

In Florida, if someone dies without leaving a will, called intestate, the surviving spouse’s remarriage can greatly impact the distribution of assets amongst the heirs. If the surviving spouse remarries after the decedent’s death, any assets distributed to the surviving spouse through intestate succession are considered marital property. This means that if the surviving spouse is in a new marriage, the new spouse will share in the assets. In other words, the new spouse will take part of the assets that would otherwise have gone to the original heirs-at-law. In some cases, the surviving spouse may not be allowed to take the entire share of the assets to which he or she would have been entitled if unmarried. The part of the decedent’s assets that is given to the surviving spouse is supposed to be based on the length of the marriage and the amount of the assets. Moreover, if the surviving spouse dies before distributing the assets, the assets will be distributed among the heirs in accordance with Florida intestacy law. This means that the remaining assets will be divided among the decedent’s children, grandchildren, or other relatives in accordance with the existing laws. In short, if a surviving spouse remarries after the decedent’s death, the surviving spouse’s new spouse will share in the assets given through intestate succession. The assets will be divided among the decedent’s survivors based on the length of the marriage and the amount of the assets. If the surviving spouse dies before distributing the assets, the remaining assets will be distributed according to Florida intestacy law.

How does a surviving spouse's remarriage affect an intestate succession?

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