Florida law provides a safety net for individuals who were left out of their will by their spouse at the time of their passing. In cases where a widow or widower is completely or largely disinherited, they still have the right to a portion of the estate known as the elective share.
Understanding elective share entitlement in Coral Gables probate is vital for anyone who has been left out of their spouse’s will. Upon their death, you are still entitled to more than what is listed in their estate plan. An attorney who is skilled in probate law can help you understand your rights in this complex situation.
The elective share entitlement is a set percentage of a deceased person’s estate that is earmarked for their spouse, no matter what their will or other estate planning documents say. Outside of some exceptions, this share overrides the terms of a will, even in cases where the decedent intended to disinherit their spouse.
A spouse in Coral Gables and elsewhere in Florida is entitled to a 30 percent share of the elective estate. It is important to understand that this could be more than 30 percent of the total assets held by the deceased person at the time of their death. The reason this is possible is that certain property that was purposefully kept out of the estate may still be counted towards the elective share. This includes assets like:
The original purpose of this policy was to protect widows and widowers who were disinherited by their spouses. In addition to ensuring spouses were provided for, the secondary goal was to prevent those spouses from becoming reliant on support from government benefits. However, the necessity of this approach is not as clear in an era where second and third marriages are commonplace.
It is also important to understand when the elective share comes into play and when it does not. These protections are only in place when a spouse is disinherited. If a person provides for them in a will or does not have an estate plan at all, the surviving spouse will generally receive more than they would through this system.
The elective share is broadly available to most spouses. There is no time limit on the marriage, meaning the share typically applies no matter the duration of the relationship. There is also nothing that requires the parties to have been living as a married couple at the time of the decedent’s passing. Even an estranged spouse in Coral Gables is entitled to their elective share entitlement, in most cases.
There is an important exception to consider: an individual can waive their right to an elective share, particularly with prenuptial or postnuptial agreements. This is a common approach for individuals going into their second marriage or with children from a prior relationship.
If you have questions about elective share entitled in Coral Gables probate, now is the right time to ask. You have rights as a spouse, even if you have been disinherited in a will. Reach out to us right away to discuss your options during a confidential legal consultation.
We evaluate your case and determine how we might be able to help.
We will meet with you to discuss your next options and lay out a plan.
Our team guides you throughout the process so you feel confident about your choices.
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