Elective Share

Under Florida Law, a surviving spouse has the right to claim up to thirty percent of their spouse's estate.  The purpose of this law is to prevent one spouse from disinheriting the other.  And while this law serves the noble purpose of ensuring the surviving spouse will not be left without means, it is not appropriate in all cases.

In second marriages, for instance, both spouses may wish to leave their entire estates to their respective children.  The Elective Share could prevent this result unless the right to the Elective Share is properly waived through a pre or postnuptial agreement.  Surviving spouses have other rights as well.

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