The short answer is no. A surviving spouse is entitled to a portion of a deceased spouse’s estate even if the deceased has a valid will or trust leaving nothing to the spouse (Florida Statute 732.201). A surviving spouse is entitled to what is known as an “elective share” of the deceased’s estate. A surviving spouse may choose to inherit the “elective share” of the estate. The “elective share” is equal to 30% of the “elective estate.”
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This newsletter begins a series discussing the impact of marriage on the legal rights of spouses to share in each other’s assets. We begin by talking about the “elective share” and the “pretermitted spouse.”
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Unfortunately, older Americans as a group are prime victims for con artists due to their stable financial situation, trusting nature, and declining cognitive and/or sensory abilities. Although we have written about scams targeting seniors in a previous blog, this type of fraud is increasing, especially this time of year, so we wanted to address it again.
Continue Reading...The number of seniors (Americans aged 65 or older) who drive is on the rise. In fact, from 1999 to 2009, statistics show a 20% increase in senior drivers. The AAA Foundation for Traffic Safety predicts that this trend will continue; seniors will make up 25% of the drivers on the road by 2025 and there will be at least 60 million senior drivers by 2030.
Continue Reading...In the first part of this series, we discussed how failing to address the issue of adult adoption in your estate plan can cause unnecessary litigation after your death, even when there is nothing sinister about the adoption. In this article, we will discuss what happened to a man who attempted to use adult adoption to preserve his lavish lifestyle at the expense of his biological children.
Continue Reading...Sometimes blessings occur when we least expect them, but a lack of planning for such blessings can have unpleasant results. In the recent case of Maher v. Iglikova, a Florida court dealt with the ramifications of an unexpected blessing: the discovery of a previously unknown child.
Continue Reading...Our Relationships Series previously has covered the unique estate planning challenges faced by blended families and by same-sex and other unmarried couples. Today we will address another group that is in dire need of proper planning: families with children under the age of 18.
Continue Reading...As a Jacksonville, Florida Probate Lawyer, I often am asked who can be appointed personal representative in a Florida probate estate. In Florida, the term “personal representative” is used, rather than the term “executor” or “executrix” as the title of the person who is under a duty to settle and distribute the estate of a decedent in accordance with the terms of the decedent’s Will and the Florida Probate Code.
Continue Reading...We often talk to people who have moved to Florida and have "heard" that their Will, which was drafted and signed in another state, is no longer valid. The myth that an out of state Will is automatically invalid once you move to Florida simply is not true. A Will signed by a non-resident of Florida is valid in Florida if: (1) it complies with the Florida statutory formalities for executing a Will or (2) the Will is valid under the laws of the state where the Will was signed: UNLESS the out of state Will was either verbal or hand written. A verbal Will (like "deathbed" wishes) is not valid in Florida. In Florida a Will must be in writing to be valid. A Will in the person's own handwriting is not valid unless it meets the formal document signing requirements of either Florida or the state in which it was signed. (If you fully understand this, you may pass "go" and collect your $200.)
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