What Are the Rights of the Decedent’s Surviving Family?
Dealing with the loss of a loved one can be stressful in many ways. You are not only dealing with grief but also inheritance issues. Who gets what? What are you entitled to receive?
The good news is that Florida law prevents a spouse and children from total disinheritance. Whether or not there is a will involved, you are given certain rights.
However, the rights of a decedent’s surviving family members can be complex. There are various laws involved, including Florida Probate Code and Homestead law. THe rights can vary under certain circumstances, so you may want to consult with a lawyer. Generally speaking, here’s what you need to know.
Right to Inherit via Intestate Succession
If the decedent did not leave a will, the estate is distributed according to Florida’s intestacy laws. If there is a surviving spouse and no children or grandchildren, the spouse inherits the entire estate. If there are descendants from the surviving spouse and the decedent, the spouse also inherits the entire estate. If the children are from a prior relationship, the spouse inherits half of the estate, while the descendants inherit the other half.
Homestead Rights
Under Florida Homestead Law, the surviving spouse has the right to a life estate in the homestead property, which means they have the right to live in the home for their lifetime. It is then passed on to the descendants. Alternatively, the surviving spouse may choose to take a 50% ownership interest in the property, with the remaining 50% going to the decedent’s descendants. If there are no children or grandchildren, the entire homestead passes to the surviving spouse.
Family Allowance
Florida law provides for a family allowance of up to $18,000 for the surviving spouse and minor or dependent children. This is intended to support the family while the estate is in probate.
Exempt Property
The surviving spouse (or the decedent’s children, if there is no spouse) is entitled to certain exempt property up to $20,000 in value, which includes:
- Household furniture, furnishings, and appliances.
- Two motor vehicles (weighing less than 15,000 pounds).
- Qualified tuition programs.
- Certain personal effects.
Rights Under a Will (Testate Succession)
If the decedent did leave a will, the estate is distributed according to the terms of the will, provided it complies with Florida law. Surviving family members have the right to contest the validity of a will under certain circumstances, such as:
- Lack of mental capacity of the decedent.
- Undue influence or fraud.
- Improper execution (such as missing signatures or witnesses).
Seek Legal Help
Whether your parent, spouse, sibling, grandparent, or other close family member passes away, make sure you understand your legal rights.
Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. can assist you during this difficult time. Whether you are dealing with a probate dispute or need advice about the next steps, our knowledgeable team is ready and willing to help. Fill out the online form or call 954-764-4330 to schedule a consultation.
Source:
floridabar.org/public/consumer/pamphlet026/
