Are you a surviving spouse in Florida? Did you know that, as a surviving spouse, you are entitled to inherit certain things? What is family allowance? Is your probate litigation lawyer West Palm Beach asking for a family allowance for you? Do you qualify for a family allowance under Florida probate law?
Florida Estate Law & Rights of the Surviving Spouse
- What is Florida Estate Law?
- Florida Estate Law refers to the rules, legal guidelines, statutes and procedures which relate to a Florida resident who has passed away or a deceased Florida resident’s property.
- Florida Estate Law includes such matters as the rights of beneficiaries, widows, family members, heirs, people who are owed money.
- In Florida, a surviving spouse may have rights to property of a deceased spouse.
- What does this mean?
- This means that there are statutory minimum benefits to ensure that surviving family members are provided for, regardless of the decedent’s intent. In re Estate of Magee, 988 So.2d 1, 5-6 & n.3 (Fla.2d DCA 2007).
- What are these benefits?
- Homestead, elective share, and family allowances are three of the main rights of surving spouses in Florida.
- What if I made a deal with my spouse and waived my right to receive a statutory benefit?
- What if I waived my right to homestead in a prenuptial agreement?
- According to Florida court decisions, if your right to receive the benefit was properly waived in a marital agreement, you may be out of luck.
- However, you should speak to an estate litigator who can evaluate your specific case.
Family Allowance
- Family allowance may be able to assist surviving spouses and minor children of the decedent while assets are in probate.
- The allowance is to be paid from the assets of the deceased spouse’s estate.
- What is the family allowance limit in Florida?
- Probate litigators West Palm Beach know that the limit is $18,000.
- Want to learn more about family allowances? Check out Fla.Stat.§732.403.
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml