Legal Question in Wills and Trusts in Florida

Spousal Status when not named in will

My husband died in 1996 (I understand the Probate code changed in 2001, so the date is an important component). The will predated our marriage and hence i was not named in it. Question: Should I have been declared a pretermitted spouse or should I have gotten an Elective share? Which attorney should have filed on my behalf the Estate or my personal attorney who I engaged 6 months after probate began.

Question 2: Does the elective share and or pretermitted spouse share pass over and free of allcosts and charges of Estate Administrative costs?

Question 3: Why would the Court deny me a Final Accounting especially since my attorneys filed Objections to the Interim Accounting (the one and only accounting) in November 1998?

Thank you for your assistance; everyone who assists on this website is truly appreciated and is to be commended for the great public service you provide. All the best.


Asked on 10/30/03, 7:13 am

1 Answer from Attorneys
Marie-Anne Oatley

Re: Spousal Status when not named in will

The pretermitted spouse share is more advantagous (minimum 50% of the estate). Probate administration can be opened by any attorney retained by any interested person. It is usually the attorney retained by the personal representative who opens the administration, but if he hadn't, you could have, through either one of your attorneys (your choice). Estate costs are deducted from the estate first. I do not know why the court would denied a final accounting.

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Answered on 10/30/03, 7:29 am


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