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

Uncategorized Jul 20, 2016
post about 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: