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Category Archives: Elective Share
How to disinherit someone.
I’ve discussed this before; but I think the point needs repeating. With the exception of a spouse, and minor children, Florida doesn’t place any limitations on who you can disinherit. The exception for spouses falls into two categories; under most … Continue reading
DOMA and what it means for Florida Residents
First, the Supreme Court has handed down a decision today dealing with the Federal Defense of Marriage Act, here: United States v. Windsor In plain language, it says that IF a state has recognized Same Sex Marriage, between two men … Continue reading
Posted in Death and Taxes, Elective Share, Estate Planning, Probate, Uncategorized
Tagged DOMA, Same Sex Marriages, Spousal Rights
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When spouses die
My most common question from potential clients is “my husband (or wife) died, what do I have to do?” As I’ve mentioned elsewhere, it is going to depend on how property is held and whether there is a will, and … Continue reading
What if the husband cuts the wife out of the will? (Part 2)
Last time we talked about what can happen when a husband leaves a wife nothing under a will. We explained Florida’s Elective Share Statute. There is another aspect to this; what happens if the deceased spouse leaves the house to … Continue reading
Posted in Elective Share, Homestead, Probate, Real Estate, Will Contest
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What if the husband cuts the wife out of the will? (Part 1)
Sometimes, a husband will leave a wife nothing under a will; or a wife will entirely cut out her husband from a will. While Florida law does not prevent one spouse from leaving the other spouse nothing under a will, … Continue reading