Does a Spouse Automatically Inherit Everything in Florida?
When a married person dies, their surviving spouse becomes the sole owner of the property that the couple owned jointly; if the decedent did not have a will, then the portion of the estate that the spouse inherits depends on which other surviving relatives the decedent has.
Some of the most common probate disputes, as well as uncommon ones that are especially ugly, involve the decedent’s surviving spouse fighting over the decedent’s estate with other family members who claim that the spouse has usurped their share of the estate. The idea that a surviving spouse automatically inherits the decedent’s entire estate is mostly false; the circumstances in which a decedent’s estate goes entirely to his or her surviving spouse are limited. If you disinherit your spouse or left your spouse less than 30 percent of your assets, your spouse can petition the court to award him or her an elective share. The elective share is equal to 30 percent of your elective estate. The elective estate is made up of nearly all your assets, not merely the assets subject to probate. For help preventing and resolving conflicts within your family about how much your spouse will inherit, contact a St. Petersburg estate planning lawyer.
You are in Control of How Much Your Spouse Inherits
If you write a will, you can leave property to anyone you choose and in any proportion. Your spouse can inherit none, some, or all your estate, depending on the provisions of your will. Spouses can ask the probate court to override the decedent’s decision to disinherit them in a legally valid will. In Florida, the elective spousal share is 30 percent.
If you do not write a will, your spouse will inherit your entire estate if you do not have any children or if all of your children are also your spouse’s children. If you have children from a previous marriage and you die without a will, the probate court will divide your estate between your spouse and your children.
Regardless of whether you have a will, the only assets that become part of your estate are the ones that you own in your name alone. Any assets that you and your spouse own jointly as a couple become your spouse’s sole property after you die.
Does it Matter if You and Your Spouse are Separated?
The inheritance laws relating to spouses apply to all couples who are legally married. Your spouse has the same inheritance rights whether you are happily married or estranged and living separately. Florida does not recognize legal separation. If you are married and do not want your spouse to claim an elective share, you and your spouse should sign a postnuptial agreement in which both spouses waive the right to an elective share of each other’s estates.
Contact Kruse Law About Providing for Your Spouse in Your Estate Plan
A St. Petersburg estate planning lawyer can help you provide for your spouse adequately so that he or does not claim an elective share. Contact Kruse Law in St. Petersburg, Florida to set up a consultation.