Were you disinherited under the Florida estate plan? Probate attorneys Florida may be able to get a disinherited spouse a fixed percentage of the estate regardless of what the will says. Do you know how? Before you accept nothing or something close to it, you may want to learn about Florida’s elective share statute from this recent probate appeal Florida.
Elective Shares
- What is the elective share?
- Florida probate lawyers know it is not as easy as it sounds to disinherit a spouse.
- You can disinherit a child relatively easily, just leave everything to everyone else.
- Estate attorneys in Florida know about the elective share statute.
- Do you know what it does?
- No matter what a spouse is left in Florida they can elect to take the elective share.
- How much is it?
- The elective share under current Florida statute is set at 30% of the elective estate.
- Is that the same thing as the probate estate?
- Not necessarily.
- Estate attorneys in Florida and especially Florida will contest lawyers can tell you, it can be very easy to limit the probate estate.
- Simply putting everything in revocable trusts could do the trick.
- The elective share is not so easy to escape.
- Why?
- Because the elective estate also contains those types of property that may otherwise not be contained there.
- Want to learn more?
- Check out this recent case surrounding Florida’s elective share.
Blackburn v. Boulis
- This was an appeal from the Fourth District Court of Appeals in Florida located in Palm Beach County.
- It was also not the first time those parties were before the Court.
- One issue was can the attorney fees be taken out of the elective estate?
- If the personal representative is the one expending those fees to fight off the spouse claiming the elective share should they be able to do that?
- What do you think?
Want to learn more?
Check out the entire case by clicking here.
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