Surviving Spouse Rights: Inheriting Homestead in Florida
Surviving spouses have a LOT of inheritance rights. Especially when it comes to homestead! But children from a prior relationship may object. Do you know how to navigate inheriting homestead?
Spouses = a special class of inheritors
Do surviving spouses in Florida have inheritance rights? What inheritance rights do surviving spouses have? Can my wife give her house to someone else in her Florida will or trust? Can my husband leave me and our minor children nothing? What do spousal rights have to do with Palm Beach probate litigation? Can my spouse of twenty years leave all of his money to his children from a prior marriage? If I am a surviving spouse, should I hire a Florida probate litigation lawyer? What am I entitled to? What happens to the homestead?
Surviving Spouse Inheritance Rights
In Florida, a surviving spouse may have rights to property of a deceased spouse.
As In re Estate of Magee discusses, there are statutory minimum benefits that must be provided for families regardless of the decedent’s intent.
What are these benefits?
Homestead, elective share, and family allowances are three of the main rights of surviving spouses in Florida.
With that being said, these rights can be waived by a prenuptial agreement. Did you sign away your Florida inheritance rights? Talk to an experienced Florida inheritance lawyer to learn exactly what you, as a surviving spouse in Florida, are entitled to inherit.
Florida Probate Laws
Florida has some specific statutes, or laws, on inheriting homestead.
Why? Homestead is considered one of the most important assets you can have.
And a spouse has special rights to ti.
If you are a surviving spouse in West Palm Beach or Boca Raton, you definitely want to read the Florida Probate Code, if there is a homestead property involved.
Your Florida probate attorney should also be very familiar with this statute to ensure that you do not miss out on your rights.
As Pankauski Lazarus’ managing partner John Pankauski always says, ” the law does not reward those who sit on their rights.” Read the statute, start interviewing Florida trust and estates lawyers, and get in the game before it’s too late!
Florida Cases
A recent Second DCA opinion, Samad v. Pla, is a great example of a Florida inheritance case where the surviving spouse sits on her inheritance rights and loses them.
Here, the surviving spouse wanted to elect to take an undivided one-half interest in the decedent’s homestead property. However, she did not file her election timely. Although the Florida trial court granted the surviving spouse an extension of time to file her statutory election, the appellate court reversed this decision. To learn more about Florida Statute 732.401 and how important it is to follow statutory deadlines, you should consider reading this case in its entirety.
Pankauski Lazarus offers free consultations to prospective clients who are serious about finding an aggressive lawyer to assist them in getting an inheritance in Florida. If you are looking to interview a Florida probate lawyer, call (561) 514-0900 ext.101.