Elective Share Representation

A surviving spouse of a Florida Resident who has not waived his or her rights is entitled to a certain portion of the deceased spouse’s estate.  If your spouse has not provided for you sufficiently, you may be entitled to a greater amount.  If you are defending an elective share proceeding on behalf of a decedent’s estate, it may be possible to limit the elective share due to the surviving spouse.  Carol has experience in prosecuting and defending the elective share case.

Florida’s Elective Share Law

An elective share is a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what he or she was left in the decedent’s will. It may also be called a widow’s share, statutory share, election against the will, or forced share.

The elective share is the modern version of the English common law concepts of dower and curtesy, both of which reserved certain portions of a decedent’s estate for surviving spouses in order to prevent them from becoming a burden on the community.

In current times, the American laws related to the elective share vary by state. Please click here to review Florida’s Elective Share statutes which are contained in Part II of Chapter 732 (Sections 732.201 through 732.2155).