Under Florida Probate Law, How Do Prenuptial Agreements Affect Estate Planning?

Should my fiance and I consider a prenuptial agreement? What does a prenup have to do with Florida probate litigation? Can a prenup ensure that my children inherit from my Florida estate? Can a prenup waive Florida spousal inheritance rights? Will a prenup help the probate process in Florida to go smoothly for my heirs?

• In Florida, marriage drastically affects estate planning.
• One you get married, certain assets become marital property.
• When you die without a prenup, your heirs may not get the inheritance you intended.
• Probate attorneys West Palm Beach understand that it can be difficult to ask your loved one for a prenup before getting married.
• Getting married is supposed to be a time filled with happiness, and a prenup is not usually associated with happiness.
• However, it is important to understand that a prenup can be used for more than divorce.
• It can have a huge part in protecting your assets and property.
• A prenup can help to ensure that estate administration, after death of one of the spouses, goes efficiently for the heirs.
• What if a spouse randomly dies?
• Who inherits all of his or her assets?
• Under Florida probate law, a surviving spouse gets a minimum of 30% of the value of the estate.
• The spousal share applies to assets that are acquired during, and even before, the marriage.
• In addition, inherited assets may be included.
• Also, surviving spouses have a right to homestead, which gives them at least a life estate in the property of their deceased spouse.
• However, a prenup can limit the rights of survivorship of the spouses.
• In fact, according to Florida Statute §732.702, a prenup can actually waive probate spousal rights.
• Moral of the story?
• Get a prenup! It can save you and your heirs a lot of trouble.

Want to learn more?

Check out Florida Statute §732.702 by clicking here

Want to know more about Florida probate litigation? Consider these free resources:

• Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
• Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
• Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
• Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
• Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
• Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
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