When can an elective share be claimed?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption