Estate Law Questions? Ask an Estate Lawyer.
Good morning. Based on your fact statement, I presume that all of your assets are now located with you in Florida and you are officially considered Florida residents. If the home you bought is in joint name, as Husband and Wife and/or with rights of survivorship, of course your spouse will inherit the home entirely upon your death. In Florida there is a obligation of spouses to financially support each other during their lifetimes. Florida law doesn't allow for the complete disinheritance of a spouse if the will was made while the couple was already married. However, if the will was made before the marriage, the surviving spouse may be disinherited.
A surviving spouse in Florida may take an elective share of the deceased spouse's estate. The surviving spouse is entitled to this share if the deceased spouse's will was made after the couple married and the will (1) disinherited the spouse, (2) omitted the spouse, or (3) left the spouse less than the elective share amount set by Florida law. The share amount is 30 percent of the deceased spouse's elective estate. The elective estate includes property and assets subject to Florida probate and certain non-probate assets or property, such as assets in a trust. A spouse who waived his/her right to an elective share in a prenuptial or postnuptial agreement can't take the elective share after the spouse dies. I hope this covers what you wished do know. If not, please send me a reply. Please enter a positive rating for my assistance. Thank you for using JUST ANSWER.
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