Q: if im married can I change my will so when I die my husband doesn't get our marriage assets in state of Florida
everything we own is in both our names .
A: If you are married in Florida your spouse is legally entitled to certain assets such as your Homestead and certain exempt property. Additionally, if you leave less than 30% of your estate to your spouse he can make an election against your estate. You should contact an estate planning attorney for additional information.
Phillip William Gunthert , Stephen Arnold Black and Ellen S Deutsch Taylor agree with this answer
A: No, while you can create a Will with your wishes specifically stated, unless your spouse agreed via prenuptial, postnuptial or other waiver means to some agreement to give up rights then your spouse would have substantial rights upon your passing to Homestead, your estate and assets and otherwise.
Stephen Arnold Black agrees with this answer
A:
Florida Statutes are very clear: the surviving spouse is entitled to 30% of the value of the deceased's spouse's estate (this is referred to as the "elective share", and I put a link to the statute at the bottom of this answer).
The right to an elective share can be waived, but the spouse will need to sign a waiver knowingly and you'd be well-advised to have separate attorneys on this matter.
You can, however, certainly speak with your own estate planning attorney and arrange your assets in a way (usually via revocable trust) so that your spouse only gets 30% should you pass first.
Elective Share Statute:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.201.html
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