Page 35 - Guttermans Baco Raton

laws of intestate succession. However, it is possible that not all of the assets will be distributed intestate. It is only those assets that the decedent owned alone, which did not name a beneficiary on death. Further, if there is no Will appointing the personal representative, Florida law lists individuals, in order of priority, who can act in that role. If there is a spouse, the spouse will inherit at a minimum half of the probated estate (and maybe more depending on whether there are children of both spouses or just one). Even with a Will, it is very difficult to disinherit a spouse due to a law known as the Spousal Election. Under the Spousal Election law, a spouse of a deceased individual is entitled to a certain percentage of the total estate. Only a spouse can waive the right to receive the Spousal Election share. The intestate laws govern any property located in Florida, even if the decedent did not reside here at time of death. Therefore, if someone dies owning property in Florida, and there is not a Will or other transfer on death provision, that property will be inherited as set forth in the Florida Probate Code law of intestate.
FLORIDA 35 GUTTERMAN’S FUNERAL HOMES, INC.