Boca Raton, FL asked in Estate Planning for Florida

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 .

Related Topics:
3 Lawyer Answers

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.

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

Jason E. Neufeld
PREMIUM
Answered

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.