Surviving Spouses in Florida Have Inheritance Rights

Does a surviving spouse have rights when it comes to inheritance? Can my wife give her house to someone else in her Florida will? Can my husband leave me and our minor children nothing? What are spousal rights in 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?

Florida Surviving Spouse Rights

In Florida, a surviving spouse may have rights to property of a deceased spouse.  This means that there are statutory minimum benefits to ensure that surviving family members are provided for, regardless of the decedent’s intent. In re Estate of Magee, 988 So.2d 1, 5-6 & n.3 (Fla.2d DCA 2007).What are these benefits? Homestead, elective share, and family allowances are three of the main rights of surviving spouses in Florida.What if I made a deal with my spouse and waived my right to receive a statutory benefit? What if I waived my right to homestead in a prenuptial agreement? According to Florida court decisions, if your right to receive the benefit was properly waived in a marital agreement, you may be out of luck. However, you should speak to an estate lawyer in West Palm Beach who can evaluate your specific case.