Fort Myers Probate Attorneys

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Elective Share

Fort Myers Elective Share Lawyer

Under Florida law, when a spouse passes away the surviving spouse can elect to take an elective share of the decedent’s estate.  The right to exercise the elective share exists irrespective of whether the deceased spouse had a valid will at the time of his or her death.  The law is designed to protect the surviving spouse by ensuring that he or she will not be excluded from the inheritance and left with nothing.

Chapter 732, Part II of the Florida Probate Code addresses the elective share rights of surviving spouses.  This chapter sets forth a number of complicated provisions for elective shares, including the property which enters into the elective estate, the valuation of the elective estate and statutory amount that the surviving spouse is entitled to receive if he or she decides to exercise an elective share.  Section 732.2065 of the Florida Probate Code sets the elective share amount at 30 percent of the elective estate.

Surviving spouses only have a limited period of time in which to exercise the elective share.  Section 732.2135 of the Florida Probate Code provides that the spouse must make the election within six months of the receipt of a notice of administration of the estate or within two years of the date of the decedent’s death.

Litigating Elective Share Disputes

Provided a valid premarital agreement or another agreement barring or waiving the elective share is not involved, when a surviving spouse is unhappy with the amount of the estate they are to receive, the surviving spouse will generally have the right to take an elective share.  While the amount of the elective share is set at 30 percent of the elective estate, disagreements and conflicts often arise in connection with elective share proceedings.  These disputes can involve a number of complicated issues, such as what property should be included, what sources of payment (property) will be used to pay, and the valuation of the property being used to satisfy the elective share.

Elective share cases tend to involve very complex issues.  These cases are extraordinarily challenging to litigate and should be handled by an experienced Fort Myers or Naples elective share attorney.  The lawyers at SW Florida Probate Trial Lawyers are highly skilled trial attorneys with more than 200 years of collective litigation experience.  We know how to investigate and analyze the difficult issues involved in elective share disputes.  Our legal team is committed to giving clients all of the personal attention and resources needed to successfully resolve their sensitive inheritance related disputes.

Contact SW Florida Probate Trial Lawyers for a Confidential Consultation

If you are involved in a conflict or disagreement over the exercise of an elective share, contact the litigation team at SW Florida Probate Trial Lawyers today.  Consultations with our attorneys to discuss elective share disputes or other estate related matters are always confidential. We can be reached by calling 800-785-0647.