A surviving spouse who is left out of a decedent’s trust has the same rights to the assets in the trust as if there is no trust. In other words, the trust is ignored and a surviving spouse of a decedent/settlor is entitled to the following:
• An elective share of 30% of the decedent’s assets
• Homestead exemption including a life estate in homestead property if not owned jointly or the option to take a ½ interest
• Exempt inheritance rights
• Family allowance
• Preference in the appointment as personal representative of a decedent’s will
This is true whether or not the trust was revocable during the decedent’s lifetime.
Since trust matters and trust litigation matters are fairly complex, it is recommended that if you are a party to a trust matter, you seek the advice of an experienced and qualified Miami probate and estate attorney to assist you with handling the matter. A qualified Miami estate attorney understands Florida trust and probate laws and can represent a beneficiary or trustee in a Florida trust matter. If you wish to speak to a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.