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Three Secrets you should know about the elective share in Orlando

Uncategorized Oct 24, 2017
post about Three Secrets you should know about the elective share in Orlando

What are three secrets that probate litigators want you to know about the elective share in Orlando? What is the elective share? If my husband or wife dies in Orlando, do I inherit his or her estate? Elective share in Florida, unless it’s waived, is an inviolate right. It doesn’t matter what is in your deceased spouse’s Florida will. Therefore, if you are a surviving spouse, don’t sleep on your inheritance rights!

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. If your spouse has passed away in Orlando or Miami,  consider interviewing an experienced probate firm like Pankauski Hauser. For a FREE consultation, call (561)325-6404 Ext.101.