Orlando Elective Share Lawyer
Florida law provides for an elective share to prevent the disinheritance of a spouse. Determining what is included in the elective share of an estate is a complex process that requires an experienced probate lawyer’s assistance. Not surprisingly, this issue is often contested.
You can rely on the experience of Frank G. Finkbeiner Attorney at Law. We have been providing probate representation for more than 40 years. Whether the estate’s assets are straightforward or complex, we have the knowledge and skill to determine the elective share and resolve or litigate disputes.
What Is Included In The Elective Estate?
In Florida, a surviving spouse has a right to a statutory share of the deceased spouse’s estate, even if the decedent changed the will to remove the surviving spouse. The statutory share is 30 percent of the estate.
There may be questions or disputes over what is included in the 30 percent of the estate the surviving spouse is entitled to receive. We will determine whether the elective estate includes assets such as:
- Real and personal property
- Life insurance
- Retirement accounts and pensions
- Joint bank accounts and payable-on-death accounts
We will file notice of taking the elective share and examine the estate’s assets to establish what the spouse is entitled to receive. We will also determine whether the couple has a valid prenuptial agreement, which can invalidate a will. If these issues are not resolved, the result may be a will contest. You can contact us for dispute resolution or litigation.