Spousal Rights in Florida
Couples always promise to support their spouse in both sickness and health, but the obligation never stops at that. Once married, there are certain responsibilities and rights that they have that single persons do not possess. Marriage brings both legal and financial benefits, along with duties. In most cases, marital responsibilities and rights will go on even the marriage ends- either through divorce or death. In Florida, the surviving spouse is entitled to receive rights and benefits from the deceased spouse.
Family Allowance
The Florida Statutes, Section 732.403, surviving spouse is entitled to a reasonable allowance of the amount of money payable from probate assets that will be for maintenance during the administration process, and $ 18,000 is the maximum amount. The benefit can be either paid in a lump sum or by installments. The award is only after the petition, the notice, and the hearing. However, it is not an automatic reward. There is no need for approving the need for the allowance, even though it is vital to provide a reasonable amount of money.
Pretermitted Spousal Share
According to Fla.Stat. § 732.301, when a person decides to get married after he/she made a will, and the deceased leaves behind a surviving spouse; surviving spouse will, therefore, receive intestate share unless;
- Prenuptial or a post nuptial agreement can provide for the spouse, or it includes a waiver by a spouse.
- The will left behind provides for the spouse
- The will does disclose the reasons for not providing for the spouse
Exempt Property
A surviving spouse is eligible to receive the assets from the decedent’s probate estate elected as the Exempt property. In cases that there is no surviving spouse, the lineal descendant is entitled to the same (Fla.Stat. § 732.402). These assets include;
- Furniture, furnishing, and the appliances in decedent’s known place of abode for a net value of $20,000, from the day of death,
- Depending on the size and type- two motor vehicles held in the decedent’s name
- Particular tuition programs- only when qualified
- The specific death benefit that paid to school administrators or the teachers
Additionally, the exempt property is also included to an elective share, inherited assets by the instate succession (with no will) or the estate that is devised by the decedent’s will.
Elective Share
The Florida resident has no right to cut his/her spouse out of receivership of trust, estate, or any property upon the death of the decedent. Surviving spouse has an election right for an elective share of the deceased spouse. According to the Florida Statute that only provides a necessary explanation about this, the elective share is equal to the 30% of the elective estate. Therefore, when calculating the elective estate, the sum of the net value of the deceased probate assets and the non-probate.
Intestate Share
Florida Statutes Section 732.102 states that, if a spouse dies without a valid will, a surviving spouse will receive either the entire or half the probate estate. These do not include the assets that were held in the trust.
- Entire probate estate either when the decedent has no surviving descendant or when all the surviving descendants are also the descendants of the surviving spouse.
- Half the probate estate either if descendants of the decedent are not the surviving spouse’s descendants or if descendants of the decedent are the surviving spouse’s descendants but the surviving spouse also has descendants who are not descendants of the deceased.
All the rights that a surviving spouse possesses are reviewed after the spouse’s death. It is crucial, especially in cases of a blended family. For more information or advice about the rights of a spouse, contact the caring Estate Planning lawyers at The Mattar Firm.