Category Archives: Elective Share
Frequently Asked Questions About Florida’s “Elective Share” Rules
If you are married at the time of your death, your spouse has certain inheritance rights under Florida law. Specifically, Section 733.201 of the Florida Statutes grants the surviving spouse “the right to a share of the elective estate of the decedent.” There is often confusion surrounding the elective share, however, and how it… Read More »
Grounds For Disinheriting A Spouse And Children
Planning for the future is important, and estate planning is one way to ensure that your assets are divided as per your wishes after you pass away. However, sometimes there may be situations where you feel disinheriting your spouse or children may be necessary. This is a sensitive topic and requires careful consideration. However,… Read More »
What Is The Deadline For Someone To Claim An “Elective Share” Of Their Spouse’s Estate?
Florida law provides that the surviving spouse may claim an “elective share” of their deceased spouse’s estate, notwithstanding any contrary provisions in the decedent’s estate planning documents. In simple terms, a person cannot fully disinherit their own spouse. The elective share is equal to 30 percent of the “elective estate,” which includes not just… Read More »
Can A Spouse Waive Their Right To An Elective Share Of The Other Spouse’s Estate?
If you are married, Florida law does not permit you to unilaterally disinherit your spouse. A surviving spouse may claim an “elective share” of your estate regardless of the terms of your will or trust. The elective share is 30 percent of your estate, as calculated pursuant to Florida law. The surviving spouse must… Read More »
What is the Elective Share in Florida Probate Law?
If you prepare your Florida estate planning documents on your own, you may assume that any property and assets you own are yours to do with as you want. That means leaving assets to whoever you wish to and deciding who does and does not inherit something. While this is essentially true, it’s not… Read More »
Mark R. Manceri, P.A. is a boutique law firm that specializes in Estate, Trust and Guardianship litigation. These matters include Will and Trust contests involving lack of capacity, undue influence, forgery, improper execution and tortious interference...