Category: Blog

Both the Florida House and the Florida Senate this week passed in their respective chambers their versions of ‘Greyson’s Law’. This was approved with widespread support by the Florida Legislature in both the House and the Senate.

Parenting and time-sharing agreements often encompass an array of topics which may arise when navigating the world of co-parenting. Often, the topics which come to mind first are time-sharing, child support, and parental responsibility. However, some of the less common issues can prove just as important when preempting disagreements and issues between the parties.

The third spousal right for discussion is “elective share.” Absent a valid waiver of spousal rights, the elective share serves as a floor for inheritance. It presents a surviving husband or wife with the opportunity to make sure they receive at least thirty percent of the deceased spouse’s “augmented estate” or “elective estate.” A keen reader may notice the absence of the phrase “probate estate.” This is because the elective share applies to more than just assets that pass-through probate and which are controlled by a Last Will and Testament. The augmented estate includes a large swath of assets, including property held in a revocable trust, jointly held property, property with a right of survivorship, and certain property transferred prior to death.