My father passed last week in Lee county Cape Coral Fla. His wife of 40 years is still alive. My father told me many times over the last 8 y...

Question

My father passed last week in Lee county Cape Coral Fla. His wife of 40 years is still alive. My father told me many times over the last 8 years that upon death he/she have a Will. I was told by my father everything would be given equally between his wife's two kids and his two ( myself and my sister. ) Because my Dad died first Im not sure what happens to the Will and does all go to his wife automatically? I do not want to raise hairs over these questions but what is Lee County Law in Cape Coral? Can she change the will now after his death?

Answer

The wife can get everything if the will provides for that. She would get at least an elective share. His will cannot exclude his wife.