Florida probate lawyers know that spouses have certain rights in the probate administration process. Do you know what the elective share is? If you are a spouse who was disinherited in the estate plan you may want to read this recent appeal from the Fourth District Court of Appeals that sits in West Palm Beach. How much is the elective share percentage in Florida?
Elective Share
- What is the elective share?
- This is an important thing for Florida probate lawyers to understand.
- It is also a common ground for Florida probate litigation, with the help of an experienced will contest lawyer.
- Amateur probate attorneys Florida may think they are clever when they leave the surviving spouse nothing.
- Guess what, Florida Statutes leave the spouse something automatically no matter how good your estate attorney Florida thinks he or she is.
- Under the law there is something known as the elective estate.
- Ask Florida estate lawyers how the elective estate can be much bigger than the probate estate.
- In fact it can include trust property and certain insurance policies like life insurance.
- Under the elective share statute the surviving spouse can get thirty percent (30%)regardless of what the estate plan says.
- There are rules though so make sure to talk to a Florida estate attorney.
- Why?
- Because you only have a limited amount of time to get it all done.
- Check out this recent probate appeal about the elective share.
Blackburn v. Boulis
- This was two appeals consolidated into one concerning estate litigation in Florida.
- The surviving spouse wanted paid her elective share.
- Do you know what the elective share is?
- Basically, after the estate plan left her nothing, she wanted paid anyways.
- Rightfully so, as under the Florida probate code she has a right to that money.
- The personal representatives of the estate in this case took legal fees out of the elective share.
- Is that allowed under Florida law?
- Should it be allowed under Florida law?
- Does it matter how much those fees were and if they had anything to do with the elective share?
Want to learn more about Florida’s elective share statute??
Check out the entire case by clicking here.
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