Best Probate Attorneys in Plantation, FL

What Do You Mean I Cannot Disinherit My Spouse? If you are considering getting married or re-married or you are already married, you might think that you don’t want to leave an inheritance for your future spouse or spouse when you die. You might have this thought because you have children from a prior marriage, or your spouse is financially comfortable, or you don’t want your spouse’s children to benefit. Well, you might be surprised to learn that you cannot disinherit your spouse in Florida UNLESS you have a prenuptial agreement or postnuptial agreement that satisfies the legal requirements. Otherwise, your spouse is entitled to receive 30% of all your assets (you cannot leave less than this amount, but you can leave more). This is called the ‘elective share.’ ‘Assets’ that are subject to the elective share include: + probate assets; + non-probate assets (i.e. assets titled + in the name of a revocable trust or have a joint owner, ​including the surviving spouse); + real estate; + investments; + life insurance proceeds; + bank accounts; + stocks, bonds; + even assets that designate a beneficiary. Continue reading on our website...