Disputing a Deathbed Marriage in Florida

Florida has laws that protect high net worth elderly individuals from exploitation through “deathbed” marriages.  Deathbed marriages occur when an elderly, sometimes high net worth, individual enters into a marriage during the last days or even hours of their life.  These marriages are commonly used to exploit the elderly and to attempt to claim their assets.  Florida is attempting to protect true heirs from having their inheritance taken away by a new deathbed spouse through the “Spousal Rights Procured by Fraud, Duress, or Undue Influence” statutes.  These laws require that it be proved that the deathbed marriage was entered into voluntarily by both parties for the deathbed surviving spouse to claim rights to life insurance policies and other assets.  An interested party, such as a rightful heir, can also challenge a deathbed marriage within four years of the marriage.

If you know someone who was involved in a death bed marriage and want to know how it will affect your inheritance and the administration of your loved ones’ estate, contact Board Certified Elder Law Attorney Babette Bach, Esq. at (941) 906-1231.