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Daniel W. Uhlfelder, P.A., Attorneys at Law
  • Home
  • Firm Overview
    • Why Hire Us
  • About Us
    • Daniel W. Uhlfelder
  • Practice Areas
    • Real Estate Law
      • Construction Law And Litigation
      • Homeowners Associations And Condominium Law
      • Real Estate Closings
      • Real Estate Contracts
      • Real Estate Litigation
    • Family Law
      • Alimony / Spousal Support
      • Child Custody
      • Child Support
      • Divorce
      • Domestic Violence
      • LGBTQ+ Divorce
      • Military Divorce
      • Prenuptial Agreements
      • Postnuptial Agreements
      • Property Division
      • Simplified Divorce
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      • Wills & Trusts
      • Probate
      • Asset Protection
      • Power Of Attorney
      • Guardianships & Conservatorships
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      • Chapter 7
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Schedule Your Free Consultation | Call 850-909-2225
Daniel W. Uhlfelder, P.A., Attorneys at Law
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  • About Us
    • Daniel W. Uhlfelder
    • Firm Overview
    • Named One Of The Panhandle’s Top 10 High-Impact Attorneys
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      • Construction Law And Litigation
      • Homeowners Associations And Condominium Law
      • Real Estate Closings
      • Real Estate Contracts
      • Real Estate Litigation
    • Family Law
      • Alimony / Spousal Support
      • Child Support
      • Divorce
      • Military Divorce
      • Property Division
      • Simplified Divorce
      • High – Asset Divorce
      • Child Custody
      • LGBTQ+ Divorce
      • Prenuptial Agreements
      • Domestic Violence
    • Estate Planning
      • Wills & Trusts
      • Probate
      • Asset Protection
      • Power Of Attorney
      • Guardianships & Conservatorships
    • Bankruptcy
      • Chapter 7
      • Chapter 11
      • Chapter 13
      • Foreclosure Defense
      • Mortgage Modifications
    • Business Law
      • Commercial Litigation
    • Criminal Defense
      • DUI
      • Minor In Possession Of Alcohol (MIP)
      • Underage Drinking Or Minor In Possession FAQ
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  5. What are the rights of a surviving spouse?

What are the rights of a surviving spouse?

On Behalf of Daniel W. Uhlfelder, P.A. | Jul 30, 2019 | Probate

There are certain rights that you gain as a spouse in Florida. This rings true as well when your spouse dies. You are the next of kin for your spouse. As such, you also have some rights during probate even if your spouse left no will or estate plan or left you out of any estate plans. The idea is to provide you with what is rightfully yours and to prevent any financial issues due to the death of your spouse.

As a spouse, you have certain rights regardless of the estate plan your spouse left behind. If he or she left you out of the will, that may not mean that you will not get anything. In fact, the law may provide you with assets from the marriage. For example, your family home typically will go to you. You also have the right to an elective share of the estate. The elective share is usually around 30 percent of the total assets.

Even if you are in the will or estate plan documents, you may find the probate process causes you financial strain. You may be able to get an allowance that will provide you with money before probate is complete.

The goal of these rights is to make sure that you are left without what is rightfully due to you. In addition, probate is not meant to be a process that punishes you. If you need funds right away, you can go to the court for assistance. Many times, when your spouse passes away, you will not be left without anything. This information is for education and is not legal advice.

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