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Fla. Stat. § 732.301

Pretermitted spouse

Known as the Florida Uniform Disposition of Community Property Rights at Death Act

The act spans §§ 732.101 to 732.901 (93 sections).

Applied in 1 court decision — leading case Velma J. Hussemann, by Her Next Friend and Attorney-In-Fact Marcella D. Ritter v. Herbert J. Hussemann Jr. And Robert J. Hussemann, as Trustees of the Herbert J. Hussemann Inter Vivos Trust Agreement, Dated June 3, 1991 (2014)

Most recently applied in Velma J. Hussemann, by Her Next Friend and Attorney-In-Fact Marcella D. Ritter v. Herbert J. Hussemann Jr. And Robert J. Hussemann, as Trustees of the Herbert J. Hussemann Inter Vivos Trust Agreement, Dated June 3, 1991 (May 2014)

History.--s. 1, ch. 74-106; s. 16, ch. 75-220; s. 9, ch. 77-87

When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:

(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;

(2) The spouse is provided for in the will; or

(3) The will discloses an intention not to make provision for the spouse.The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805.

Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.