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Rights of a Florida Spouse: five things a Florida widow (widower) needs to know about Florida probate & estates

Uncategorized Oct 24, 2013

Are you a Palm Beach or Broward County widow or widower who just lost your spouse in Florida?  Losing a Florida spouse is taxing in all regards: personally, emotionally and otherwise.  While finances, money and Florida inheritance rights may be the last things you want to talk about, the truth is, for Florida spouses who survive (widows and widowers), you have probate rights, estate rights, and inheritance rights that are unique to Florida and to you.  That’s because Florida has a strong public policy to protect or assist the widow or widower in a Florida probate or a Florida estate.  Palm Beach County and Broward County wives and husbands:  you have probate, estate and inheritance rights.   Any probate lawyer from Miami to Plantation to Boca Raton to Stuart, Florida will tell you that you need to know your rights in your husband’s or wife’s estate, trust, property, bank accounts and under their Florida will.   The law in Floria does not assist those who sit on their estate rights.  Florida law helps those widows and widowers who exercise their Florida inheritance rights.  Florida probate lawyers throughout the region, from Tequesta to Jupiter to Boynton to Aventura, all know that if you just lost your spouse, there are five things you need to know about your inheritance rights, or estate rights, for a Florida probate. First, you are entitled (you have a preference) to serve as the Florida executor of the probate estate.  Two, you have homestead rights to the residence, home, of your late husband or wife.  Homestead rights are very valuable for many reasons and a recent change in Florida law lets you “cash out” if you don’t want to live in the Florida house any more.  Did your husband or wife own a condo in Highland Beach or a house in Coral Gables?  You have rights to it.  Third, a widow is entitled to a family allowance of up to $18,000 during the Florida probate or the Florida estate administration.  Be careful !  Not all Florida probate lawyers will tell you this.  This is certainly true if the Florida probate lawyer represents someone other than you, like the executor or another beneficiary, like children from your husband’s or wife’s prior marriage.  Fourth, you are entitled to an auto.  Fifth, you are entitled to personal property.  At the risk of sounding like an advertisement for Florida probate lawyers, the truth is that you, as a husband or wife, have valuable rights.   Regardless of who you hire, hire a good Broward probate lawyer or an experienced Palm Beach estate lawyer.  There are many in Broward County, like Ft. Lauderdale, and in Palm Beach County, Florida.   They are worth the money.  Find a probate lawyer in Palm Beach or Broward who goes to court, isn’t afraid to try a case and is not forcing you to settle.  Find a Florida estate lawyer to fight for your rights and get you the money you are entitled to.  Advocate hard. Litigate smart.