Florida Elective Share Fundamentals

Dividing estate assets can be a thorny problem. In addition to a deceased person’s Will – assuming they prepared one – personal representatives and heirs may tackle family allowance eligibility, homestead laws, unusual Wills, and beneficiary designations that have not been updated for years. Add the following to that list of issues: the Florida Elective Share. What Is the Florida Elective Share? The surviving Read More

Understanding Elective Share

When someone dies, they leave behind heirs and sometimes a surviving spouse. Sometimes surviving spouses may be dismayed to learn they have been disinherited by the decedent, left a smaller share than expected, or simply not mentioned. When this happens, the surviving spouse may be able to claim an elective share of their spouse’s estate. What is an elective share? The surviving spouse of a deceased person may Read More

Understanding Where You Stand: Florida’s Elective Share Statute

Roslyn and Martin’s marriage was troubled. They never divorced or even separated, but Martin’s anger got the best of him at one point. He decided to remove Roslyn as a beneficiary on all his retirement accounts, checking accounts, and savings accounts. He quietly retitled some business property to prevent her from receiving any benefit from it after his death. After his death, Roslyn was shocked to learn that her Read More