Legal Question in Wills and Trusts in Florida

Estate Assets

Our father passed Jan 03 while in the middle of a bitter divorce and passed before it was finalized. I understand the surviving spouse (our stepmother)is entitled to 30% of estate after all claims have been paid.

I have two questions please. Would the beneficiaries (his 4 adult children) be entitled to a portion of the assets that the surviving spouse held when our father passed away, ie., bank accounts, stock accts? They were legally married at the time of his death.

And are the probate attorney's fees deducted from the estate BEFORE or AFTER the ''elective share'' is calculated?According to her attorney, his fee's are considered AFTER she has taken her 30%. Thanks so much for your help.


Asked on 8/03/05, 4:34 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Estate Assets

Spouse entitled to first $60,000 plus 50% of balance. Suggest you hire counsel.

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Answered on 8/06/05, 4:50 pm


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