Legal Question in Wills and Trusts in Florida

My father passed away last week. We have a Will for him that was made 10 years ago and leaves my sister and I as the sole beneficiaries of his estate and assets. He has since remarried and never updated his Will. His wife whom he was only married to for 6 months believes the IRA he left behind belongs to her even though we (my sister and I) are the beneficiaries. We live in Florida and I know the law is different in each state. Can you please tell me if she is entitled to any amount


Asked on 6/21/13, 2:21 pm

3 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The wife, who is not included in the Will, may claim an elective share notwithstanding what the will says. The beneficiary listed on an IRA account will prevail over the will. If not is listed then the funds go into the Estate and become part of the residuary. Seek legal help as soon as possible. Sorry for your loss and having to deal with these financial matters also.

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Answered on 6/21/13, 2:26 pm
Kevin Pollock Law Office of Kevin A. Pollock LLC

Sorry to hear about your father.

Florida's elective share rules are very complex, but the rule of thumb is she is entitled to about 30% of the net estate.

With all due respect to Mr. Stein, I believe your step mother can also claim a part of the IRA if her elective share cannot be satisfied with other assets. 5 Fla. Stat. �732.2035. Moreover, she will be entitled to a life estate in the house if they owned homestead property.

I strongly urge you to seek legal assistance.

Kevin A. Pollock, J.D., LL.M.

www.PollockAtLaw.com

P: (609) 818-1555

Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.

Also, visit my blogs at:

http://WillsTrustsEstates.blogspot.com/

http://BaseballLaw.blogspot.com/

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Answered on 6/21/13, 3:50 pm
David Slater David P. Slater, Esq.

A spouse cannot be disinherited in Florida. She is entitled to a 30% right of election from the assets of the estate. The IRA should be included as it was in his name and he could have withdrawn it any time.

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Answered on 6/21/13, 7:30 pm


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