Surviving spouses in Florida are typically entitled to a share of their deceased spouse’s estate—even if he or she is not explicitly provided for in the will.
A spouse may be disinherited if the will was made prior to the couple marrying, but as long as the will was made while the couple was married, the surviving spouse may receive:
An elective share (usually 30%) of the decedent’s estate
A life interest in the couple’s primary residence
A family allowance up to $18,000
Surviving spouses who do not receive their fair Florida Elective Share should consult a probate lawyer.