Florida Probate & Estate Rights of a Husband or Wife: a look at Florida’s elective share

If you are a husband or a wife living in Palm Beach, Broward, Martin County, or Miami-Dade who just lost your spouse, it may be difficult to think about money, probate or inheritance rights right now, but you should.   Florida law provides a widow or widower, that is, a husband or wife who survives, with a guaranteed share of the estate or Florida probate. It may be difficult, but consider this:  a Florida wife or a husband has guaranteed inheritance rights and Florida probate rights to your late husband’s or wife’s estate, trust, bank accounts, condo and money.  It’s called the Florida Elective Share.  You, as a Florida spouse, get 30% of the Florida “elective estate”, which is not just Florida probate assets, but it includes Florida bank accounts, real estate, stocks, bonds, and a lot of other Florida assets.   Count up all the assets your late husband or wife had:   bank account in Boynton?  Condo in Hialeah?  House in Manalapan?  Real estate in Plantation? Brokerage account in Palm Beach?  Joint bank account in Stuart?  Add them all up and compute the Florida elective share: your rights to your late husband’s or wife’s assets and estate.  Even if those assets “go” to your husband’s or wife’s children or grandchildren.   They still count ! These Florida inheritance rights are very valuable but be careful to “count” all the proper estate and trust assets.  Don’t leave anything out.  The inheritance rights you have are a lot more than just money that goes under a will or a trust.   Then, make sure you value the Florida money and Florida property properly.  Probate lawyers know how to handle the rights of a husband or wife to an estate; they are knowledgeable and can help you.  After you do the “math”, ask your Florida probate lawyer or your Florida estate lawyer to advise you how your inheritance (or estate rights) will be “satisified”.  Whether you live in Boca Raton, Delray, or Jupiter, your Florida probate lawyer should have a plan to get you paid.  Get your Florida inheritance.  Get your Florida spouse share.  Advocate hard. Litigate smart.  Good luck.