
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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