Articles Posted in surviving spouse

Any Devise of Homestead Property That Does Not Grant a Fee Simple Interest to a Surviving Spouse … Fails
James W. Martin, P.A.

Nat Stirberg died leaving his surviving spouse Valerie Stirberg and children to litigate over who owns his homestead apartment. The case was decided on March 15, 2023, when the Florida Fourth District Court of Appeal in Stirberg v. Fein as Co-Trustee of Nat Stirberg Revocable Residence Trust, 48 Fla. L. Weekly D577, decided that the…

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Florida Changes Intestacy Law for Certain Spouses
James W. Martin

When a Florida resident dies without a will, the decedent is said to have died intestate, and the Florida Probate Code states who will inherit the estate. If there is a surviving spouse and no descendants, then all goes to the surviving spouse. If there are descendants and no surviving spouse, then all goes to…

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Do Surviving Spouses Have Special Rights When Florida Residents Die?
James W. Martin

Sometimes Pinellas County probate attorney Jim Martin represents the surviving spouse of a Pinellas County Florida resident who has died. The surviving husband or wife of a Pinellas County deceased person might not be named in the will but still has rights under Florida law. For example, the Florida Probate Code provides for elective share,…

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