A Florida Law Firm Protecting The Rights Of Surviving Spouses
Most married individuals leave a sizeable share of their estate to their spouse. However, there are times when a surviving spouse discovers that – intentionally or otherwise – they were left out of a will or trust or granted only a token share. Thankfully, there are legal remedies available under Florida law.
Our attorney at C.J. Hilliard Law, P.A., has an in-depth knowledge of Florida laws governing estate planning and probate, marital property and asset protection. She and the rest of our team can protect your spousal rights and work to ensure you claim your fair share.
What Are The Legal Rights Of A Surviving Spouse?
In Florida, a surviving spouse is granted many rights concerning the decedent’s estate, even if a will or trust presents conflicting instructions. Here is a summary of the estate inheritance rights afforded to most spouses:
Exempt property: Florida law entitles a surviving spouse to inherit a certain amount of property free from the claims of estate creditors. This property includes up to two automobiles owned by the decedent and used for personal use as well as household furnishings, furniture and appliances up to a value of $20,000.
Elective share: This is the right of the surviving spouse to take a share (usually around 30%) of the decedent’s entire estate, even if the will or trust leaves the surviving spouse less. It commonly includes assets like retirement funds and insurance policies. It’s important to note that the assertion and calculation of the elective share is a complex legal matter and should not be attempted without the assistance of a knowledgeable attorney.
Pretermitted spouse: If a decedent’s will was written before the marriage and therefore did not include the new spouse, the surviving spouse is deemed a pretermitted spouse and is entitled to approximately one-half of the decedent’s estate. This is equal to a spouse’s intestate share (what a spouse would receive if the decedent had died without a will).
Family allowance: A surviving spouse is entitled to seek an award of money called a family allowance up to a maximum of $18,000 from the decedent’s estate for support during probate administration.
Homestead: This is one of the most important rights of a surviving spouse. If the decedent owned a home in their sole name as the primary residence, the surviving spouse is granted certain rights in that property even though their name is not on the title. The interest in that property to which the surviving spouse is entitled will depend on various factors and may be subject to legal deadlines. Therefore, it’s important to consult an attorney as soon as reasonably possible.
The only way these rights can be waived or modified is through a valid pre-marital or post-marital agreement. When you contact our firm, attorney Hilliard can also discuss other rights you may have, including a right to benefits under an employer-furnished pension or retirement plan, life insurance and annuities.
Marital Status Is Key To Spousal Rights
The rights discussed above are granted to a surviving spouse and are not dependent upon anything other than the person legally married to the decedent at the time of death. The length of the marriage makes no difference. Whether married for a week or 50 years, the surviving spouse’s statutory rights are the same.
A divorce can change everything, however. Upon divorce, the former spouses are, by law, removed as beneficiaries of each other’s will and certain financial assets.
Discuss Your Case With A Rights Of Surviving Spouse Attorney
C.J. Hilliard Law, P.A., is based in Winter Garden and serves clients throughout the Orlando metro area. For guidance on your legal matter, call 407-656-1576 or reach out online.