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.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos.