Florida Estate Planning Lawyer Blog

Starting October 1, 2010, if you die in Florida your spouse will be able to elect to take the traditional life estate in your homestead that is separate property or a 1/2 interest in the property. While this does not effect many Floridians, it does effect many who got married after purchasing their home or who have children from another marriage.

Traditionally the new spouse would receive a life estate ( the ability to live in the home for the rest of their life) and the children of the deceased parent who owned the home would receive the remainder of the property after the death of the surviving spouse or their step parent.

A Florida Estate Planning Lawyer can create documents that change or alter the homestead rights of a surviving spouse. Remember that it may not be your spouse making the decision, but the government or an agent acting under a power of attorney who make the decision and they may not agree with what you and your spouse decided upon years earlier. It is best to create a post nuptial agreement or valid waiver to address these issues while everyone agrees and before it is too late.

Contact a Jacksonville Estate Planning Lawyer or Florida Estate Planning Lawyer to discuss creating documents that address these issues and protect your spouse and children from the influence of others.

According to a recent statistic in the USA Today, a poll found that only 4% of married couples in the United States have a premarital or prenuptial agreement. Florida was reported as having one of the country’s worst divorce rates in 2009. Due to this alarming rate, Florida allows couples to enter into valid prenuptial agreements so long as there is full disclosure and the agreement is in writing and signed by both parties.

There are many important things that a prenup can protect. First, prenups can protect the rights and obligations of both spouses with respect to property. So if one spouse owned a car before the marriage, a provision could state that that spouse would be responsible for all payments on that car. The agreement can also protect a spouse’s individual right to sell or lease real property. Other common provisions include what career path a spouse may choose, where the couple will live, and cash penalties if one spouse cheats.

Since prenups cannot violate public policy or criminal law, there are a few things they cannot accomplish. Child support is always governed by state guidelines enacted by the legislature. These guidelines cannot be overridden by a prenuptial agreement between spouses. Given that prenup terms usually include outlining the disposition of property when the marriage ends as a result of death or divorce, it is vital to have an experienced Florida Family Law Lawyer or Florida Estate Planning Lawyer with you to represent your best interests.