Upon the death of a spouse, Florida law provides a surviving spouse with an entitlement to a share of the deceased's spouse's estate, regardless of the terms of any will. In Florida, a spouse cannot be disinherited by a will, and if a there is no will, a spouse is entitled to a substantial portion of the estate. The only exception to above would be if a surviving spouse waived their rights through a marital agreement.
Some of the spousal rights provided in Florida's probate code are: elective share, intestate share, family allowance, exempt property, and homestead property. Click on the links below for further information:
Ms. Rountree has dealt with a variety of spousal right issues in probate proceedings. She has successfully litigated and settled elective share, homestead, and family allowance disputes on behalf of her clients. Shannon L. Rountree, P.A. offers services to represent spouses and fiduciaries in connection with intestate share, elective share, homestead, family allowance, and exempt property claims.