Fair And Efficient Resolutions For Your Spousal Rights And Elective Share Disputes
Florida law provides strong protections for surviving spouses, including the right to claim a portion of their deceased spouse’s estate – even if the will states otherwise. These legal processes can be complex to navigate, particularly when dealing with the emotional impact of losing a loved one while trying to secure your rightful inheritance.
Forgione Law, P.A.’s, attorney, Brandon Forgione, serves clients throughout southeastern Florida, including Stuart and Martin County, with dedicated representation in spousal rights and elective share disputes. With over a decade of focused estate litigation experience, we provide the clear guidance and strategic advocacy needed to help protect surviving spouses’ legal interests during probate proceedings.
Understanding Elective Shares In Florida
This is the portion of an estate that a surviving spouse is legally entitled to claim, regardless of what the deceased’s will states. This provision aims to prevent a surviving spouse from falling into financial hardship.
Typically, spouses claim their elective share when they feel they have been unfairly minimized or excluded in the will. Under Florida law, the elective share is equal to 30% of the decedent’s elective estate, which includes not only probate assets but also certain nonprobate assets.
Components Of The Elective Estate
The “elective estate” includes the probate estate and other assets the decedent owned or controlled that consist of:
- Probate assets
- Jointly held property with rights of survivorship
- Assets in revocable trusts
- Retirement accounts and death benefits
- “Pay on death” accounts and joint bank accounts
- Life insurance policy cash values
After calculating the total elective estate, any debts or liabilities are deducted, and the surviving spouse is entitled to 30% of the remainder. Our experienced lawyers can assist in this process to help ensure no assets are overlooked.
Take Action Today
Do not risk losing your rightful inheritance through missed deadlines or procedural mistakes, yet Forgione Law, P.A., can help. Dial 561-730-3926 or fill out our online contact form for a no-cost consultation and learn how our estate litigation attorney’s experience can help protect your legal interests as a surviving spouse.