Spouse Elective Shares For Sale
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FAQ
The pretermitted share is the same as the intestate share, which is 50% of the probate estate. The elective share makes no assumption about what the decedent intended and is a mechanism for enforcing Florida's public policy against disinheriting one's spouse.
In most states, the elective share is between one-third and one-half of all the property in the estate, although many states require the marriage to have lasted a certain number of years for the elective share to be claimed, or adjust the share based on the length of the marriage, and the presence of minor children.
In most states, the elective share is between one-third and one-half of all the property in the estate, although many states require the marriage to have lasted a certain number of years for the elective share to be claimed, or adjust the share based on the length of the marriage, and the presence of minor children.
Once the petition for the elective share is filed, the court must determine the amount of the elective share by calculating 30% of the fair market value of all of the deceased spouse's property that is subject to the elective estate.
The Florida elective share may be barred or waived by the existence of a valid pre-nuptial agreement or other written agreement executed either before or after marriage. The Florida elective share can also be barred as untimely if the surviving spouse fails to elect it within the period set forth in Fla. Stat.