Florida’s Elective Share: Understand What a Florida Spouse or Widow Inherit

What are the three secrets to what a surviving spouse in Florida inherits automatically and guaranteed? What is a surviving spouse? What should Orlando and West Palm Beach probate lawyers know about surviving spouses and inheritance rights? Have you heard of a Florida surviving spouse’s elective share? Elective share is a right that a husband and wife have to a guaranteed inheritance from their deceased spouse’s Florida estate. The law regarding elective shares in Florida has recently changed, so its important that you and your inheritance lawyer understand the changes.

Here are three things you should know about the elective share in Florida:

1. Entitlement: Is someone entitled to the elective share? Was the surviving spouse validly married to the decedent at the time of the decedent’s death in Orlando? Did the surviving spouse waive his or her rights to an inheritance in a prenup or marital agreement? Does the prenup comply with Florida law? Did a prenup validly waive the surviving spouse’s inheritance rights?
2. Calculation: How is the elective share computed according to Florida law? How do you calculate the inheritance that a spouse is guaranteed in Orlando? Every Florida probate lawyer knows that a surviving spouse gets 30% of the elective estate. But how do you know what goes into that elective estate and what’s not counted?
3. Satisfaction: Where do you get your 30% inheritance? Do you get 30% of joint property, the homestead, bank accounts, real estate, or cash?

These three things will help you to understand how much property or money a spouse in Florida inherits. Remember, elective share,unless it’s waived, is an inviolate right. It doesn’t matter what is in the Florida will. If your spouse has passed away, consider interviewing an experienced probate firm like Pankauski Hauser. For a FREE consultation, call (561)514-0900 Ext.101.