Can a surviving spouse receive less than their fair share of an intestate estate?

Yes, a surviving spouse can receive less than their fair share of an intestate estate in the state of Florida. The law governing intestate succession in Florida states that the surviving spouse will be entitled to a first share of the intestate estate, then the remainder passes to the descendants of the deceased. If the deceased did not have any descendants, or if all of the descendants are also deceased, the surviving spouse is entitled to 100% of the estate. However, if the deceased had any living descendants at the time of their death, the surviving spouse typically receives 50% of the estate, plus any jointly held assets. In other words, if the deceased had children, the surviving spouse would need to share the intestate estate with their children and would likely not receive the full 50%. In such cases, the surviving spouse would receive less than their fair share of the intestate estate. The specific distribution of the estate in each case will vary, depending on the type and amount of assets involved and the relationship between the surviving spouse and the deceased’s descendants. It is important to note that the surviving spouse will still retain the rights to their share of the estate and will have the option to contest the distribution through the court system if the surviving spouse feels that the deceased’s estate is being unfairly distributed.

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Can a surviving spouse receive less than their fair share of an intestate estate?

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