Spousal Rights in the State of Florida - How to Protect Yourself and Your Rights

No-one wants to think about their spouse dying. You get married and look forward to all the time you have together, but unfortunately, life happens and you may suddenly find yourself a widow. If it is sudden and unexpected, it can be an even tougher time as acceptance and moving on can seem like foreign things and completely unattainable - at least in the beginning. And while you are caught up in all the emotions of the moment, and rightly so, likely the last thing on your mind is your spousal rights, but in reality, these are extremely important to your livelihood.

Here we'll take a look at what exactly spousal rights are in the state of Florida, and how you can protect yours should you find yourself a widow.

A Bigger Issue Than You May Think

While there will be many things that you go through as a widow, spousal rights aren't typically the first thing that comes to mind. Here's the thing, spousal rights in Florida are actually one of the biggest probate litigation issues. Under Florida state law, wives and husbands can appear to get special treatment. This "special treatment" can end up being worth millions of dollars, which then throws the issue of spousal rights into the spotlight. 

In terms of what you may be entitled to as a widow, it can be millions of dollars' worth, not just in cash but in assets. This can include bank accounts, real estate holdings, homestead property, a retirement account, and so forth. Under Florida law, a spouse has guaranteed inheritances and a degree of specific preferences.

What About Prenuptial Agreements?

Where things can get even trickier is if there is a prenuptial agreement that was signed by both parties, which waives the inheritance rights that Florida provides to spouses. A battle can then ensue between various parties who believe the estate should go to them. This is most common when the person who has passed away remarried, and there are now adult children involved who believe the estate should go to them, not the new spouse.

What If Nothing Was Left to You - As the Widow?

Then there is the question of what happens if nothing was left to you, the widow. Does that mean that you should assume you truly get nothing? That's not necessarily the case, which is why it's so important to know your rights.

What's Your Best Line of Action?

So, what's your best line of action as a widow who is unsure of their spousal rights in the state of Florida? It's simple really, and that's to hire an experienced attorney who is well-versed in the area of spousal rights.

Remember, the more you know about your specific case, the more equipped you will be to understand what your best decisions are and how to go about them. Becoming a widow is tough enough, there's no reason to tackle your legal rights on your own.

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