Legal Question in Wills and Trusts in Florida
In Florida. A man 86 years old married 84 years old woman. He died 2 years after marriage. He had his POD, TOD etc. estate done before he got married. Is his surviving wife of 2 years entiltled to 30% of his POD,s and TOD,s?
Asked on 7/22/12, 6:11 am
2 Answers from Attorneys
Lucreita Becude
Lucreita D. Becude, P.A.
It would depend. However, if he died and did not change the name of his beneficiary on his accounts - then the Pay on Death goes to whomever he designated and the Transfer on Death to the person he designated.
Answered on 7/22/12, 6:16 am
Very well could be under the new elective share provisions to surviving spouses.
Did they have any form of anti-nuptial agreement? If so, that can change it.
Answered on 7/22/12, 6:51 am
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