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RobertJDFL, Attorney
Category: Legal
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Is there a widow's dower law concerning property in Florida?

Customer Question

Is there a widow's dower law concerning property in Florida?
Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I am a licensed Florida attorney and look forward to assisting you.

In 1975, Florida abolished dower and courtesy and instead gave surviving spouse’s the right to an “elective share” of the decedent’s estate. Florida’s Elective Share laws can be found within the Florida Probate Code at Florida Statute §732.201 through §732.2155.

The elective share is an amount equal to 30% of the elective estate. Fla.Stat. §732.2065. Florida Statute §732.2035 sets forth which property enters into the elective estate, which includes:

  • The decedent’s Probate Estate defined as “all property wherever located that is subject to estate administration in any state of the United States or in the District of Columbia.”
  • Joint bank Accounts, Pay on Death Accounts, Totten Trusts
  • Property Held in Joint Tenancy and Tenancy by the Entireties (limited to decedent’s interest in the property)
  • Revocable Trusts
  • Life Insurance policies payable to someone other than surviving spouse
  • Pensions and Retirement Plans
  • Transfers made within one year of decedent’s death
  • Irrevocable transfers to an Elective Share Trust
  • Property passing directly to surviving spouse

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