Legal Question in Wills and Trusts in Florida

Elective Share to surviving spouse

Our father passed away Jan 03 while in the middle of a bitter divorce action.He was still legally married to his ''surviving spouse'' at the time of his death.Her attorney has filed a motion to determine amount and take her elective share of the estate, all 4 of his adult children were recently provided with a copy of this motion. Her attorney calculated her elective share as 30% of the ''gross estate''. Any claims made against the estate, as well as the probate attorney fees to settle this case have not been taken into consideration in the elective share amount due her. My question, aren't all claims, probate expenses, attorney fees subtracted from the gross amount of the estate and the elective share calculation based on the ''net'' estate balance? Should that figure be considered part of the estate? They had been living apart for one year prior to his death. Yet the surviving spouse (horror of a human being) is holding us responsible for all personal effects, clothing, underwear, a suit (which he was buried in). She wants 30% of the value of these items,of joint checking/savings our father held w/ my sister,of TOD stock acct left to my sister and I.Please advise. We cannot obtain legal representation for less than $5K retainer.Tks.

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