If a person dies intestate with a spouse and no children, what happens to the estate under Florida law?

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In Florida, when a person dies intestate (without a will) and leaves behind a surviving spouse but no children, the entire estate passes to the surviving spouse. This rule is established under Florida's intestate succession laws, which prioritize the surviving spouse in the absence of descendants.

The reasoning behind this provision is to ensure that the spouse, who typically depends on the decedent for financial support and companionship, receives the full benefit of the estate without the complication of sharing it with other relatives or parties. This reflects Florida's commitment to protecting the rights and welfare of the surviving spouse in such situations.

In contrast, the other options misinterpret the application of Florida's intestate succession laws. Relatives (option A) would only inherit if the decedent had no surviving spouse or children. An equal division between a spouse and children (option C) applies when there are surviving children; since there are none in this case, the full estate does not split. The notion of placing the estate in trust (option D) is not a relevant option under intestate succession and does not apply to the distribution of assets simply because someone died without a will. Hence, the answer correctly identifies the legal outcome consistent with Florida's laws regarding intestate succession.

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