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My husband have bank accounts and investments accounts he…

Customer Question
My husband have bank...

My husband have bank accounts and investments accounts he has not shared with me. He have also created a trust for my daughter and my future after he passes without my input. He did make my daughter and I 50% trustees and a law firm 50%. What rights do I have to ask for him to disclose his assets

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

I live in Florida where we have a home wher I did a homestead and he live in Michigan due to his business

Lawyer's Assistant: Has any paperwork been filed?

What paperwork

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just what my rights are as a wife

Submitted: 8 months ago.Category: Estate Law
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Answered in 2 minutes by:
9/25/2017
Estate Lawyer: Jessica B,
 replied 8 months ago
Jessica B
Category: Estate Law
Satisfied Customers: 1,375
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed Florida estate attorney. I hope I may be of assistance with your question. First, legally there is no way to see copies of your husband's assets or his estate plan unless he consents.

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Estate Lawyer: Jessica B,
 replied 8 months ago

The surviving spouse of a person who dies domiciled in Florida has the right to claim a portion of the deceased spouse's estate known as the "elective share." The elective share is an amount equal to 30% of the elective estate. To be entitled to receive the elective share the surviving spouse must file an election with the probate court in a timely fashion. Current law generally requires that the election must be filed within the earlier of six months of service of a copy of the notice of administration on the surviving spouse or two years after the date of death. The election may be withdrawn, subject to certain time limits. Once an election has been made, the first step in the process is to determine the amount of the elective share. The elective share is a right to receive a dollar amount, not a right to any specific assets of the estate. The second step is to determine the sources from which the elective share is satisfied. If an election is made by the surviving spouse, the assets remaining in the estate after payment of the elective share are distributed as though the surviving spouse had predeceased the deceased spouse.

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Estate Lawyer: Jessica B,
 replied 8 months ago

The elective share is equal to thirty percent (30%) of the “elective estate, ” which includes property subject to probate, but in addition includes:

1) The deceased spouse’s ownership interest in property passing by right of survivorship at death;

2) Property held in a trust which was revocable by the deceased spouse;

3) Property irrevocably transferred by the deceased spouse if the deceased spouse retained the right to income from the property, the use of the property, or if another person (other than the surviving spouse) had the power to distribute the property to the deceased spouse;

4) The deceased spouse’s ownership interest in the cash surrender value of life insurance on the deceased spouse’s life;

5) Death benefits payable under most retirement plans (such as IRA’s, 401(k)’s, pension or profit sharing plans) on account of the deceased spouse’s death; and

6) Certain property transferred during the one-year period preceding death.

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Customer reply replied 8 months ago
Do I have the right to ask that he put my name on his bank accounts
Estate Lawyer: Jessica B,
 replied 8 months ago

You may ask but legally you cannot demand or force him to put your name on his accounts. You may be added to the accounts, but it must be accomplished with his consent.

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Estate Lawyer: Jessica B,
 replied 8 months ago

Please let me know if you need any clarification or if you have an additional question. Also please do not forget to rate my answer. Thank you!

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