Legal Question in Wills and Trusts in Florida

Expenses of Administration and elective share

Frederick Graves:

I had previously asked you if expenses of administration were taken from an estate before determination of surviving spouse's elective share. You stated expenses of administration along with all claims were deducted from the estate before calculating a surviving spouse's elective share. You stated elective share is based on the ''net distributable estate''. Apparently a judge in South Florida disagrees with you completely and has based the elective share on the ''gross estate value''. Who is incorrect, you or the judge?


Asked on 8/30/05, 7:29 pm

1 Answer from Attorneys

Frederick Graves Jurisdictionary

Re: Expenses of Administration and elective share

I told you to call me. I will point you to the statute that controls. 866-Law-Easy

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Answered on 8/31/05, 7:44 am


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