Legal Question in Wills and Trusts in Florida

florida marrige law

my 97 year old great grandmother,married for 44 years to a 2nd husband. he past away about 6 months ago. he had a trust for his children and left the 97 year old with intrest only of about $30,000 ayear. is there a minimum amount that a wife is entitled to?


Asked on 9/15/07, 12:16 pm

2 Answers from Attorneys

Robert Roemer Robert Roemer

Re: florida marrige law

yes-it is called a elective share which can to claimed by the surviving spouse if this amount is higher than the spouse left by an estate plan (will). If you want more info. send me an e-mail to me your phone number to discuss.

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Answered on 9/15/07, 12:56 pm
Walter LeVine Walter D. LeVine, Esq.

Re: florida marrige law

I agree with Bob, but there are additional facts needed to provide a more complete answer, such as whether or not there was a marital agreement between them, whether the assets were held individually or in a trust, and whether or not the widow will receive other assets that pass outside the Will, such as joint bank accounts, insurance proceeds and/or retirement benefits? Depending what has been done between the parties (e.g., a marital agreement) and what else, if anything, the widow may receive, she may be eligible to elect under State statute, to take a widow's share of the estate, which if she is eligible, may allow her a larger share of the estate. This election, if she is eligible, is time sensitive, so she may to have make this decision quickly, if the time to make the election has not already passed.

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Answered on 9/15/07, 1:56 pm


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