Ocala, FL asked in Estate Planning for Florida

Q: Can a man write his elderly wife out of his will?

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2 Lawyer Answers
  • Deltona, FL
  • Licensed in Florida

A: If he does, she can elect against the will and get an automatic 1/3rd of the estate, roughly. Consult with an attorney in your area.

  • Estate Planning Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Yes but joinly owned assets would not be affected. In addition, the wife, if she survived him would be eligible to file an elective share against his elective estate. This is different than a probate estate and she could elect to receive 1/3 of his elective estate if a timely election was filed with the probate court.

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