Unfortunately she may well be able to claim more that what was gifted to her in his Will. Like it or not in the eyes of the law she was still his wife (this is why once it is recognized by the parties that a marriage is irretrievably broken, they should move forward with a divorce).Under state statute a spouse cannot be disinherited or be left more than a minimum share of an estate (as in this case). This is known as the spousal right to an "elective share".  This right provides surviving spouses with a portion of a deceased spouse’s estate according to a detailed formula. This formula is based on the probate and non-probate assets of the deceased (i.e. assets distributed under the Will plus those that do not go into the probate estate such as 401k's, bank accounts, etc.). If the surviving spouse is unhappy with their bequest, they can instead take their elective share. Under FL law, the elective share is 30% of the elective estate. Note: The surviving spouse has 6 months from the receipt of the estate's notice of administration to invoke their elective share rights or such right are deemed waived.