Occasionally, situations arise in which a decedent’s surviving spouse is left out of a will or only bequeathed a small share of it. In the event that this happens to you, you have the right to claim a portion of your deceased spouse’s estate known as the “elective share.”
The probate administration lawyers at the Law Office of Cheryl Bucker, P.A., understand the complex rules of elective share. If you feel that you did not receive a fair amount of your spouse’s estate, we can help you file a petition with the court to seek your elective share. We assist individuals in Pompano Beach, Lauderdale-by-the-Sea and the surrounding areas.
What Is The Elective Share?
Florida Statue Section 732.2035, provides a surviving spouse with up to 30 percent of the decedent’s elective estate, which includes property subject to probate, in addition to:
- Jointly owned assets
- Gifts made in the year before death
- Accounts that are payable on death
- Retirement accounts
- Assets held in a revocable trust
- Cash surrender value of the decedent’s life insurance policy (but not the death benefit, unless it is paid to the probate estate)
Petitioning For The Elective Share
The elective share is not automatically applied to a decedent’s estate. In order to receive it, you must petition the court for it. In addition to receiving an elective share, surviving spouses in Florida may receive rights to exempt property, family allowance, and intestate or pretermitted rights in some cases. In order to determine your rights, please contact our attorneys online or call our law firm at 954-773-8983 or toll-free at 888-392-5781.