Legal Question in Wills and Trusts in Florida
what does an estate include?
my father left his house to his second wife in a will. He also gave her $100,000 in cash. He willed an insurance annuity to his 4 children, listing them as benificares. She is sueing the children for 30% of that annuity. Will the house and cash he left her become part of the estate?
4 Answers from Attorneys
Re: what does an estate include?
An annuity is not in the probate estate but under Florida law it is subject to the spouse's elective share. So, if the annuity is of far greater value, it may make sense for the wife to go after it. If you have not already done so, you need to retain qualified local counsel to represent you immediately.
Re: what does an estate include?
Where did he die? Where is the house/property? You don't "will" an annuity, it has stated beneficiaries and should pass outside the probate proceedings. I suggest you get local counsel to go over this in some detail.. I am qualified to answer based on NJ law only.
Re: what does an estate include?
Talk about a greedy person! I am not sure of Florida law on "spousal elections", so this needs to be checked. If a spouse is omitted or disinherited, most states have laws protecting them, usually allowing them to receive 1/3 of the decedent's estate. This is usually offset by personal assets of the survivng spouse. You have provided no numbers (values) for the house and the annuity, and these may factor into the formula. The law may be available at the Florida web site, so check it out.
Re: what does an estate include?
The annuity is not in the estate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
