Under Florida law, surviving spouses have rights to a portion of their deceased partner’s estate, regardless of how long they were married. But what if the deceased spouse left their partner out of the will? This is where Florida’s elective share law comes into play.
Learning of your disinheritance can be extremely stressful, especially if you thought your inheritance was secure. It’s important to understand how the elective share law protects spouses in Florida when one partner passes away.
Elective share: Beyond the basic estate
Florida’s elective share law covers more than just assets mentioned in a will. It includes a broader range of property called the “elective estate,” which consists of:
- The deceased spouse’s probate estate
- Certain non-probate assets, like pay-on-death accounts
- Property held in living trusts
- Joint accounts with rights of survivorship
- Life insurance policies owned by the deceased
- Retirement accounts and pensions
This law prevents a spouse from being completely cut out of their partner’s estate. It allows the surviving spouse to claim 30% of the elective estate, regardless of what the will states.
Understanding your rights in Florida
After discovering your spouse excluded you in the will, you may have some questions. “Can I challenge the will?” “What rights do I have?” “How much can I claim?” Fortunately, Florida’s elective share law considers these scenarios and protects surviving spouses so that they receive a fair share of the estate.
However, you must consider several exceptions and complexities. For example, the law may exclude assets with valid beneficiary designations from the elective estate. Additionally, prenuptial agreements can sometimes override elective share rights.
Address your concerns immediately
You must consider various factors when determining your right to an elective share. As a spouse, you have certain rights that the law recognizes. You’re entitled to have concerns about your deceased spouse’s estate distribution. Consider seeking a legal professional for specific legal guidance on estate administration and probate matters.