Are there any laws that protect surviving spouses in intestate succession?

Yes, there are laws in place in Florida that protect surviving spouses in the event of intestate succession. Intestate succession is when a person dies without leaving a valid will. In this case, state law will determine how the deceased’s estate is dispersed. In Florida, a surviving spouse is generally entitled to an Elective Share. This means that the surviving spouse is entitled to one-third of the estate if there are no children, or one-half of the estate if there are children from the marriage. In certain cases, the surviving spouse may be able to claim a larger share if they can show that the deceased’s estate was not properly managed or controlled by the deceased. In addition, Florida law also provides for a forced share. This is an amount of money that the surviving spouse is entitled to, regardless of what the deceased’s will states. The forced share can be up to a maximum of 60% of certain assets held solely by the deceased, such as money, real estate, and personal property. Finally, Florida law also allows for a Homestead Allowance. This is an allowance for a surviving spouse to use to pay for their shelter expenses, such as the mortgage or rent on their current home. The Homestead Allowance is an amount that is determined by the court and can be up to one-half of the deceased’s estate. In summary, there are laws in place in Florida to protect surviving spouses in the event of intestate succession. These laws serve as a safety net to ensure that the surviving spouse is provided for and that their rights are protected.

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Are there any laws that protect surviving spouses in intestate succession?

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