Can a surviving spouse claim an intestate estate against the wishes of other heirs?

In Florida, a surviving spouse can claim an intestate estate against the wishes of other heirs. Intestate means that a person has died without a valid, legally binding will in place. When there is no will, the laws of intestate succession are used to determine how an estate is distributed. In Florida, a surviving spouse has the right to take a share of the estate even if it goes against the wishes of other heirs. This is called the Right of Election. A surviving spouse is entitled to receive either 30 percent of the estate or $30,000 (whichever is greater), regardless of the wishes of other heirs. For example, if a person dies without a will and the estate is worth $50,000, the surviving spouse would be entitled to $30,000 even if other heirs wanted to contest this amount. In this case, the remaining $20,000 would be distributed among the other heirs according to the laws of intestate succession in Florida. It is important to note that the Right of Election only applies to intestate estates, not those that are governed by a valid, legally binding will. A valid will can supersede intestate succession laws and the wishes of the deceased person must be taken into consideration in this case.

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Can a surviving spouse claim an intestate estate against the wishes of other heirs?

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