Rights of Immediate Family Members of a Decedent

Florida law does not allow for a total disinheritance of a surviving spouse or surviving minor children.  These family members have the right to claim an “elective share” of assets which usually amounts to 30% of certain probate and non-probate assets.  Surviving spouses who are trying to decide between inheriting under the terms of a will or taking an elective share should consult an attorney to explore the implications of the two options.  Prenuptial agreements can impact the ability of a spouse to take the elective share.

If you have questions about the probate process, contact one of our probate attorneys at (941) 906-1231.