The method by which a surviving partner in Florida might declare a portion of the deceased partner’s property, no matter the need’s provisions, includes a particular computation. This statutory proper goals to guard the surviving partner from disinheritance. The calculation determines the financial worth the surviving partner is entitled to obtain, primarily based on the property’s worth and different components reminiscent of belongings passing outdoors of probate.
Exercising this proper offers a vital safeguard for the monetary well-being of a surviving partner, particularly when the deceased partner’s testamentary plan doesn’t adequately present for his or her wants. Traditionally, it addresses potential inequities arising from wills that disproportionately favor different beneficiaries or exclude the surviving partner totally. It’s a basic facet of Florida’s probate legislation, reflecting a coverage of defending marital partnerships.
