Palm Harbor Elective Share Lawyer

Helping Surviving Spouses Understand Their Rights in Florida Probate

Florida law provides important protections to ensure that a surviving spouse receives a fair portion of their deceased spouse’s estate, even if the decedent’s will or estate plan does not provide for them adequately. At Miaoulis Law, our Palm Harbor elective share lawyer helps surviving spouses understand and assert their elective share rights during probate.

What Is the Elective Share?

Under Florida law, a surviving spouse has the right to claim an elective share of their deceased spouse’s estate instead of accepting what was left to them in the will. The elective share ensures that a surviving spouse receives 30% of the elective estate, regardless of the will’s provisions.

What Assets Are Included in the Elective Estate?

The elective estate includes more than just probate assets. It consists of various assets that the decedent owned or controlled at the time of death, including:

• Probate assets (assets passing through the will)
• Revocable trusts
• Payable-on-death (POD) and transfer-on-death (TOD) accounts
• Jointly owned property (to the extent of the decedent’s interest)
• Life insurance policies payable to the estate
• Retirement accounts, annuities, and other financial instruments

How to Claim the Elective Share

To claim an elective share, the surviving spouse must follow these steps:

1. File an Election – The surviving spouse must file a Petition for Elective Share with the probate court within six months of receiving the Notice of Administration and no later than two years after the decedent’s death.
2. Determine the Elective Estate – The court will calculate the elective estate and determine the value of the surviving spouse’s share.
3. Satisfy the Elective Share – The elective share is satisfied through probate assets, trust assets, and other included assets. If there are insufficient assets in the probate estate, the court may order contributions from other sources.

Waiver of the Elective Share

A spouse may waive their right to an elective share before or after marriage through a valid prenuptial or postnuptial agreement. These agreements must be properly executed and meet legal requirements to be enforceable.

Why Choose Miaoulis Law for Elective Share Matters in Palm Harbor?

At Miaoulis Law, we help surviving spouses navigate the complex probate process and ensure they receive their rightful share of the estate. Our services include evaluating eligibility for the elective share, filing the necessary legal documents within statutory deadlines, negotiating with estate representatives to ensure fair treatment, and defending against improper waivers or disputes over the elective share.

Contact Miaoulis Law for Assistance with the Elective Share in Palm Harbor

If you are a surviving spouse seeking to claim your elective share, Miaoulis Law is here to help. Contact us today for a consultation and let us guide you through the probate process with knowledge and compassion.