What does Florida’s elective share law mean for surviving spouses?

Losing a lifetime partner is one of the hardest experiences you will ever face. The grief and sadness can be overwhelming. But what can make this situation even more heartbreaking is discovering that your spouse’s will leaves you with little to no inheritance, despite years of marriage and shared memories. This can be a devastating blow, especially if you were dependent on your spouse’s income or assets. However, it is essential to know that you may have rights that can help you secure a more substantial share of the estate.

What is an elective share, and am I entitled to one?

Florida’s elective share law allows a surviving spouse to claim up to 30% of the elective estate, which includes probate assets, trust assets and certain non-probate assets. If you are a surviving spouse, you are entitled to an elective share if you were married at the time of your spouse’s death and if you have not waived your right to an elective share in a prenuptial or postnuptial agreement.

By exercising your right to an elective share, you can secure a fair inheritance, protect your financial future and hold accountable those who would deny you your rights. This can be a chance to stand up against anyone who may be trying to minimize your inheritance.

How do I exercise my right to an elective share?

To exercise your right to an elective share, you must act within six months of your spouse’s death. Submit a petition to probate court, notify interested parties and work with the personal representative to value the estate and determine your share.

What happens if I do not exercise my right to an elective share?

If you fail to file a petition within the deadline, you may lose your right to an elective share. This could result in a significant reduction in your inheritance, potentially causing financial hardship.

Why you need legal representation

Pursuing your elective share can be complex and contentious, which is why working with an experienced estate planning attorney is crucial. They can navigate the legal process, maximize your inheritance and protect your interests.

Take control and assert your right to an elective share. Do not let others dictate your financial future. Fight for the inheritance you deserve.