Elective Share Contests

Orlando Probate Litigation Attorney

Elective Share Litigation – the surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate. In general terms, absent a valid pre-marital agreement, a surviving spouse has the right to claim 30% of the elective estate.

Pay-on-death accounts and gifts made within one year of death may be included when determining the value of the elective estate.

The surviving spouse has 6 months from the receipt of the estate’s notice of administration to make the Florida elective share election. Once the election is made, the personal representative of the estate is required to prepare and file the elective estate inventory, which is filed with the court.

Property which typically enters into the elective share estate may include:

  • The decedent’s probate estate.
  • The decedent’s ownership interest in accounts or securities registered in “Pay On Death,” “Transfer On Death,” “In Trust For,” or co-ownership with right of survivorship form;
  • The decedent’s fractional interest in property held by the decedent in joint tenancy with right of survivorship or in tenancy by the entirety;
  • The portion of property transferred by the decedent to the extent that at the time of the decedent’s death the transfer was revocable by the decedent alone or in conjunction with any other person;

The portion of property transferred by the decedent to the extent that at the time of the decedent’s death, the decedent possessed the right to, or in fact enjoyed the possession or use of, the income or principal of the property; or the principal of the property could, in the discretion of any person other than the spouse of the decedent, be distributed or appointed to or for the benefit of the decedent.

It is important to remember stipulations may apply regarding the afore-mentioned property in elective share litigation. A qualified Orlando contested elective share attorney will discuss these issues with you, and how they may apply to the unique circumstances of the estate.

As an experienced attorney serving Orlando, Winter Park, and Central Florida area residents in estate, trust, and probate litigation, we diligently investigate, analyze and fight to protect your rights in any elective share contest legal issue. We have a comprehensive understanding of the law as it relates to wills and contested will litigation.

Contact an experienced Orlando Elective Share Contest Attorney at CPLS, P.A. today by calling (407) 647-7887 or by utilizing our online case submission form . All consultations are confidential.