Getting legal advice may be the last thing in your mind when there is a
death in the family. The problem is sometimes it becomes necessary. The
death of an individual may initiate a probate process - that is the
distribution of the assets of the deceased to the beneficiaries after
payment of taxes and creditors.The property distribution takes place
according to the last will and testament of the deceased. In the absence
of this, the Florida intestacy laws govern the distribution. You need the
advice of a probate lawyer if you were a beneficiary of the estate,
especially if there is a dispute regarding this. Florida has specific
legal statutes pertaining to the rights of the surviving family, i.e.
spouse and children, of the decedent. Even if the last will of the
decedent does not provide any inheritance for the surviving family, they
have the protection of the law that protects them from total
disinheritance. What rights does the surviving spouse have? It is better
to consider getting advice from a competent Miami probate lawyer to find
an answer to this. However, usually, a surviving spouse has the rights in
the homestead real estate property, elective share (30% of probate
assets), family allowance and such others. Surviving children also have
the right to family allowance and exempt property (assets that are not
within the reach of creditors). This right is applicable for surviving
spouse and children from a marriage that happened after the writing of
the last will, even if the decedent did not change the will to include
them. If you are a surviving spouse or child of the decedent, and an
omitted beneficiary, you need to find a lawyer immediately. He/she would
be able to assess whether you have these rights as well as the way to
exercise these. Florida laws offer you these, it is better that you
exercise them as well. Only one circumstance makes it impossible to
ascertain your rights with regard to the probate assets. This is when a
surviving spouse has signed a pre or post marital agreement waiving the
right to claim family allowance, elective share or any such benefit. If
it is a valid agreement, you may not be able to get any of the probate
assets.Except for the surviving spouse and children, a resident of
Florida has the legal right to disinherit any other individual from the
will. If you are entitled to the protection of the state laws, you had
better get in touch with a probate lawyer to handle the task from the
initial stages.