Surviving Spouse Rights: Elective Share

Uncategorized • Feb 21, 2019

If you’re a surviving spouse in West Palm Beach or Orlando, you’ve probably heard about Florida’s elective share. In Florida, spouses are guaranteed an inheritance regardless of whether or not their deceased wife or husband’s trust/ will says so. There are some exceptions. For example, a spouse could sign away his or her inheritance rights in a prenup. If you are the surviving spouse in an estate matter, and have not already contacted a lawyer, you should definitely do so! There are important deadlines that must be met in order for you to get your inheritance. To learn more about Florida’s elective share, you should read Florida Statute, section 732.2125. If you are looking to interview a Florida probate lawyer, please feel free to call our firm at (561)514-0900 Ext. 101 for a free consultation. 732.2125 Right of election; by whom exercisable.—The right of election may be exercised:

(1) By the surviving spouse.

(2) With approval of the court having jurisdiction of the probate proceeding by an attorney in fact or a guardian of the property of the surviving spouse. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime.