Rights of Surviving Spouses

Losing a spouse is an emotionally challenging experience, and dealing with the legal and financial matters that follow can be overwhelming. In Florida, surviving spouses are afforded specific rights to protect their financial security through what is known as the elective share.

Speaking to a Pompano Beach estate litigation lawyer is key for spouses who are unsure of their rights. This is especially true when estates involve complex assets, blended families, or out-of-state heirs.

The Elective Share Is Not Automatic

The elective share is a provision under Florida law that allows a surviving spouse to claim a portion of the deceased spouse’s estate, regardless of the terms of the will. This right is designed to prevent disinheritance and ensure that a surviving spouse receives a fair portion of marital assets. The law recognizes that spouses often contribute to the accumulation of wealth during marriage, even if their names are not on titles, accounts, or other legal documents.

Florida’s elective share statute calculates the surviving spouse’s claim as 30%, which includes both probate and certain non-probate assets. This may encompass jointly held property, assets in trusts, life insurance proceeds, retirement accounts, and other financial holdings that were accumulated during the marriage. Because the definition of the augmented estate is broad, it often extends beyond what is included in a standard will, ensuring that the surviving spouse has access to their rightful share.

It’s important to recognize that this does not automatically occur, the surviving spouse must formally file a claim in the appropriate Florida probate court, typically within six months of the date of service of the notice of administration or within two years of the decedent’s death if no notice was served. Failure to meet these deadlines can result in the loss of this statutory right. Because the rules governing timing, notice, and calculation of the elective share are complex, legal guidance is essential to ensure compliance and full recovery.

Common Challenges for Surviving Spouses

Out-of-state heirs, blended families, and complex financial portfolios often create disputes over elective share claims. Some common hurdles include:

• Attempts to reduce the elective share through large gifts or transfers to children from a prior marriage.
• Disputes over non-probate assets, such as retirement accounts or jointly held property.
• Complex estate structures, including trusts or business interests that require careful calculation of the augmented estate.
• Resistance from executors or other beneficiaries attempting to minimize the surviving spouse’s share.

Each of these situations can complicate the process, which is why it’s important to lean on legal guidance.

A knowledgeable Pompano Beach estate litigation lawyer can assist surviving spouses by reviewing estate documents, calculating the elective share accurately, and advocating for the spouse’s rights in probate court. This guidance is particularly important in cases involving complex assets or when executors attempt to minimize the surviving spouse’s share.

Who is guiding you through the estate distribution process? Partnering with the attorneys at Mark R. Manceri, P.A. ensures that you can claim a fair portion. Book a confidential consultation today.