Marriage is recognized as a sacred union both by the U.S. Constitution and state governments. When two partners decide to wed, they inevitably agree to share many assets and federal benefits. It is no wonder that when one spouse dies, the living spouse is eligible to receive a portion of his/her total estate. This is known as an elective share.
Probate Lawyers: Florida Elective Share
Marriage requires partners to share many common things. When a person is aware that he/she is aging or may be facing death soon, he/she may prepare a detailed will that outlines how and where each of his/her assets will be distributed. Sometimes, however, an outlined will may be done under negligent conditions, which can include being:
- Under the influence of drugs and/or alcohol;
- Persuaded or coerced;
- Ill;
- Otherwise not in the proper state of mind to make crucial business decisions.
In addition, a will may fail to address the spouse or may provide an underachieving amount of assets to the spouse. When this happens, a living spouse can elect to file a share of his/her deceased spouse’s total estates.
Total Elective Estate: You Are Entitled to 30 Percent of Assets
Florida statutes on elective shares enable surviving spouses to collect 30 percent of the total value of their deceased spouses’ assets. Total elective estates can consist of many different assets and accounts. The following are the most common forms of estate that a surviving spouse may claim a portion of:
- Probate assets
- Gifts
- Jointly titled assets
- Retirement accounts
- Annuities
In efforts to file a successful elective estate claim, you must submit all necessary documentation within a specific timeframe. Within the state of Florida, you have 2 years to file after the death of the decedent and/or 6 months after receipt of a court appointment administer of the late spouse’s estate.
You Need an Elective Estate Litigation Attorney
Florida elective shares can be a lengthy, tedious and even arduous process. The wrong move may cause you to obtain a very small share of your deceased spouse’s assets or no benefits at all. It is imperative that you contact a trustworthy probate lawyer in Florida who is experienced in elective estate negotiation and litigation.
An elective state litigation attorney can assist you with filing claims and appropriate documents in a timely manner. There are specific regulations and deadlines that must be followed for your claim to be considered legitimate. A probate lawyer can help you obtain important documents and understand the technical language that is often involved in elective share documents. You can also expect to be represented during meetings and in court sessions. With an attorney by your side, you can be confident that you will be represented fairly.
Often, surviving spouses are given 30 percent of only a portion of their spouses’ estate. This is a major violation of the law. However, since most people are unaware of how and where locate and assign the assets of dead spouses, this unfortunate event often goes overlooked. If the entirety of a deceased spouse’s estate is considered when determining an elective share, you will receive much more.
Through calculated investigation and careful negotiation techniques, an elective share attorney will help you to acquire the proper amount of an elective share from all necessary sources (i.e. probate assets, annuities, retirement accounts, etc.).
Elective Share Attorneys in Gainesville, FL
After a marriage, you are legally owed and entitled to many assets when your spouse dies. At the Law Office of Silverman, Mack & Associates, our probate lawyers are well-versed in elective estate, probate litigation, unclaimed funds in Florida, and the formal administration estate process. We will fight to ensure that your rights and entitlements are protected and upheld. Contact one of our experienced probate attorneys today.