Eustis, FL Estate Planning Law Firms & Lawyers

A will does not have any authority until it is approved by the court through some form of probate. Generally, gifts in Texas wills do split among the beneficiary's children if the the beneficiary predeceases the testator (writer of the will), but it is also possible to write the will in such a way that gifts to beneficiaries who predecease lapse and the children of that beneficiary get nothing. If you feel there is a good chance there is significant property being kept from you, hire a lawyer. That lawyer can file with the probate court requesting the court require your family to produce the will.

I can't answer all aspects of the problem, but the main point I can. Since the decedent was married when they married Spouse B, the marriage to Spouse B was not legal (void ab initio) and Florida does not have common law marriage. I had this happen once with a client of mine years ago in that the client got remarried before the final judgment of divorce. So they had to get married again to Spouse B after the divorce was final to make it legal. If Spouse B is a Florida resident, they can qualify to be the personal representative, but the parents would have better standing to serve and could request it. What will happen will depend upon the Judge, and any other opinions would require in depth research.