When can an elective share be claimed?
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When can an elective share be claimed?
My mother owned a car, which was bought for her by my ste father and given to her as a present 3 years ago.My mother was the only one on the title. Then, 10 months ago, she added my brother to the title She passed away 3 months later and my brother sold the car. Now my step father would like to claim an elective share of the car’s value. Is he entitled to this?
Asked on June 19, 2014 under Estate Planning, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Under Florida law, a Spouse can elect against the estate of the deceased spouse where they receive less than 30% of the decedent's elective estate. What needs to be determined is if that property was part of her elective estate and I think that under the Florida laws it may indeed be. Transfers made within one year of decedent's death so qualify. Speak with your lawyer more fully on this matter. Good luck.
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