Legal Question in Wills and Trusts in Florida

Is there a minimum percent of an estate that one must leave a spouse at a death in Florida (no pre nupt.)


Asked on 11/08/10, 5:37 am

1 Answer from Attorneys
Richard Kaplan

No minimium, but if you fail to leave them at least 30% of the total value of your estate (worldwide, including joint accounts, insurance policies, ITF, Trusts, etc.), they can elect against your Will to get it.

The key is they must elect within a period of time after proper notice. It is possible they don't elect.

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Answered on 11/13/10, 5:51 am


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