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Tagged: Elective Share

Assault on the Homestead Citadel

August 8, 2017Jeffrey A. Cramer Estate Planning, Probate, Trusts, Wills Elective Estate, Elective Share, Estate Planning Attorney, Florida homestead, Florida trust lawyer, homestead, Jacksonville estate planning lawyer, Trusts, Wills
Homestead

Effective July 1, 2017, the Florida Legislature has amended Florida Statute 732.2035 dealing with property entering into the “elective estate.” The Legislature has added into the list of assets that make up the elective estate for the first time, the decedent’s interest in property which constitutes the protected homestead of the decedent. The law establishing an elective estate or “elective share,” as it is known, is designed to protect surviving spouses from being completely disinherited. The law provides that a surviving spouse must receive at least 30% of the decedent’s “elective estate,” no matter what the decedent’s Will, Trust, or other type of estate plan might say. This statute then goes on to list all of the various types of properties and assets that are included in the calculation of the “elective estate.” Previously, the homestead was not included.

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Married or Not Married? That is the question.

July 26, 2017Jeffrey A. Cramer Areas of Practice, Estate Planning, Probate, Trusts, Wills Elective Share, Estate Planning, Inhertance Rights Under Florida Law, Jacksonville Estate Planning, Last Will, marriage, Probate, probate attorney, Surviving Spouse, Trusts
Jewish Wedding

As most of you know by now, a legally married surviving spouse has all sorts of valuable inheritance rights under Florida Law.  Often, the question of whether or not a decedent was validly married at the time of his or her death is the main question in a contested estate.  The recent case of Cohen v. Shushan  involves this very question.

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