Florida Probate Litigation: The Benefits of Being Married

Are there property rights for a widow in the Florida probate process? What probate property rights do I have if my husband dies? Do I have the same rights if I wasn’t married but lived with my significant other for years?

Surviving Spouses Have Rights in the Probate Process in Florida

Although probate attorneys West Palm Beach understand that the loss of a spouse is very difficult, there are valuable property rights for a widow that you should be aware of.You should know that a widow is viewed as very important under Florida inheritance laws so there are probate rules to protect the widow.A widow may have rights to bank accounts, brokerage accounts, a family residence, retirement accounts, personal property, and cash.These property rights are only available to surviving spouses.What does this mean?This means that these rights are available to a surviving husband or surviving wife.Florida does not have a common law marriage. However, Florida may recognize a common law marriage from another state.A trust and estates litigator can tell you that these rights are only available to people with a valid marriage.But what if I lived with someone in Florida for 10 years?What if we acted like we were married?What is a valid marriage that would qualify me for surviving spouse rights under Florida probate law?What if I married an incapacitated person who has lost their right to contract?What if I married a Ward with consent from the Ward’s guardian?Check out this Fourth DCA case to learn more.

Smith v. Smith

This guardianship case dealt with a marriage between a person and a Ward.The Ward’s right to contract was “subject to court approval.”The Ward and the appellant married without the court’s consent, and the guardian of the Ward was seeking to annul the marriage.The wife argued that guardianship consent for marriage was not required under the applicable statute or Court Order. It was ultimately decided that “if a person deemed incapacitated had his or her right to contract removed, he or she has no right to marry unless the court gives approval.”Would this “wife” , when her “husband” dies, have property rights under Florida “Surviving Spouse Law“?If the wife and the Ward had gotten consent from the guardian, would the wife have spousal inheritance rights?Want to learn more?Check out the entire case by clicking here.